Adoption

International Adoptions

The entry by the United States into the Hague Convention has significantly reduced the number of children being placed into the United States for adoption. At the present time, it does not appear that international adoptions will be increasing. In almost all cases, it is necessary to work with an agency specifically licensed by the Department of State in order to receive a child from a foreign country. If you are interested in adopting a child from a foreign county, contact an experienced adoption attorney in your area. A lawyer can help you fulfill all of the domestic and foreign requirements for adopting your child.

International Adoption Process

Adopting a child overseas is a complex process. To complete the process successfully, you have to meet the legal requirements not just of the child's home country, but also the requirements of federal immigration laws and your state's adoption laws.

Foreign adoptions can be concluded in one of three ways, depending on the laws of the country:

• Full adoption in the foreign country: you complete the adoption in the foreign country before its courts. This is the most common type.
• Guardianship: you take guardianship over the child in the foreign country and bring the child to the United States to complete the adoption.
• Third-party adoption: an authorized third-party travels to the foreign country to either complete the adoption on your behalf or bring the child back to the US to complete the adoption.

Each country has specific requirements for adoption. Some countries prohibit international adoptions altogether on religious or cultural grounds. Some countries will not allow single parents to adopt. Others have residency requirements in which adoptive parents are required to live in the child's birth country anywhere from 6 months to 2 years.

It is important that you have thoroughly researched the country you want to adopt from so you are prepared to meet all of the requirements for adoption and produce all of the required documentation, which can include items such as proof of marriage, proof of financial stability, letters of recommendation and birth certificates.

Visa Requirements

In order for your adopted child to gain entry into the United States, you will have to apply for a special type of visa for the child. Obtaining the visa requires several steps, and the process should be started before the adoption is completed by applying for an Orphan Petition with your local US Customs and Immigration Services (USCIS) office. When you adopt a child overseas, the child is not automatically granted American citizenship. Without the visa, the child will not be permitted to enter the US. An attorney experienced in international adoptions can help you gather and file the necessary documents to meet all of the visa requirements.

International Adoption Fraud

With the increase in the number of parents seeking to adopt children from other countries, there also has been an increase in the number of adoption fraud cases. Two of the most common types of fraud are asking for prepayment to adopt a child when no child is available; and falsely representing a child as healthy when he or she is seriously ill. Since most states do not regulate international adoption agencies the way they do domestic agencies, there are a couple of things you can do to protect yourself:

• If you decide to use an agency, research it thoroughly and ask for references
• Contact the Better Business Bureau
• Speak with your state's social services department
• Request a pre-adoption medical exam of the child

If you have been the victim of an international adoption scheme or suspect an agency of acting fraudulently, contact your state's Attorney General's office to report the activity.

International adoptions require extensive research about prospective adoption countries and their laws, adoption agencies, US visa requirements and state laws regarding recognition of foreign adoptions. An attorney can be a valued partner in this process. Contact an adoption attorney in your area to help you prepare for an international adoption and complete the process as efficiently as possible.

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