International Adoption

Adoption is complicated and international adoption is even more complicated. USCIS, or United States Citizenship and Immigration Services, has some guidelines that must be followed when it comes to adopting internationally. The laws governing international adoption reside in the country in which the child resides and United States authorities cannot override those laws. International adoption is considered a civil legal matter between the prospective parents and the courts in the country in which the child resides. As such, it is imperative that prospective parents seek legal council with a family law attorney with “international adoption” experience.

INA: Immigration and Nationality Act

101(b)(1)(E) & 101(b)(1)(F)

There are two bodies of law that serve as the primary basis of international adoption. There are other pieces of legislation that govern specific points but the bulk of international adoption is handled by two sections in INA, or Immigration and Nationality Act,/b>, sections 101(b)(1)(E) and 101(b)(1)(F).

101(b)(1)(E)

Section 101(b)(1)(E) allows for a child to be adopted if the child has lived under the legal custody of the prospective parents for two years. In this case, the child must be under the age of 16 unless the child is the sibling of an adopted child.

101(b)(1)(F)

There are not many prospective parents who wish to open their home to a foreign child and have the resources to live overseas for two years. In that case, 101(b)(1)(F) may allow the adoption. This section of the INA waives the two year requirement but adds additional requirements. This section focuses on orphans.
A child will meet the definition of an orphan if they:

1. Have no parents due to the death of, disappearance of, desertion by, abandonment by or separation from both natural parents.
2. Or the sole surviving parent has documented in writing that they are unable to care for the child and are irrevocably releasing the child for emigration and adoption. (Please note that these words have very specific legal meanings and a family law attorney can help you determine if the child in question meets the criteria. Additionally, the child must still be under the age of 16 or be the natural sibling of an adopted child.)

If the child is legally considered an orphan and the couple wishes to adopt, they may file an I-600 petition in order to gain a visa for the child. The I-600 has additional requirements which include:

1. The prospective parents have finalized a full and complete adoption or have gained legal custody of the child for the purposes of emigration and adoption.
2. The prospective parents are U.S. citizens and a married couple and will be or have jointly adopted the child. Or the prospective parent is a U.S. citizen over the age of 25 with the intent of creating a parent/child relationship.

In broad terms, adoption under 101(b) (1) (F) has four major steps and a family law attorney will be there to assist you with every step:

1. The prospective parents show their suitability for international adoption. This typically happens through filing the I-600 petition and includes the following steps:
   1. A completed I-600A-An Application for Advance Processing of an Orphan Petitio
   2. The prospective parents’ U.S. citizenship is proven c. The martial status of the prospective parents is proven.
   3. The dissolution of any previous marriages by either of the prospective parents is verified.
   4. A home study is completed by an agency of the state and the home is determined suitable for a child.
   5. The filing fee is paid.
   6. The prospective parents and all adults living in the household must be fingerprinted by USCIS. If the parents are overseas, they will be fingerprinted at a U.S. Embassy or Consulate.
2. The child has been shown to be an orphan via the I-600 and confirmed an orphan by an I-604 petition. The I-604 petition is completed by the USCIS or an officer at a U.S. Embassy or Consulate overseas.
3. A visa application is completed on behalf of the child. An officer at a U.S. Embassy or Consulate will review this document.
4. Once everything has been approved and the visa has been issued, the child then comes to the United States and gains citizenship at entry or upon finalizing the adoption.

International Adoption Laws

All countries have their own laws and regulations when it comes to “international adoption.” Some have specific laws in regards to international adoption by U.S. Citizens. Your family law attorney can advise you of any additional steps that the home country may require. Please note that for some countries an additional step may include living as a resident of that country for a specified amount of time.

There are some countries that due to political, social or cultural reasons do not allow their children to be adopted by U.S. Citizens. Afghanistan is one such country. It seems as if the plight of the children affected by war has weighed heavily upon the hearts of Americans but the government of Afghanistan will not allow children to be adopted by U.S. citizens. Bahrain will also not allow the adoption of their children but will allow a Muslim family to support a child. However, that child cannot take the name of the new family or leave Bahrain with the new family. This type of support is only available in families where the family members have been Muslim since birth.

Also, there are some countries that technically allow adoption by U.S. Citizens but have not approved any adoptions or failed to process any adoptions for many years. Your family law attorney can assist you in locating fact sheets about various countries to help you determine the likelihood that your adoption plans will proceed to fruition.

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