Tuesday, January 12, 2010

Foreign Adoptions

Foreign adoptions have the potential to be tremendously confusing. You're dealing with multiple countries, several government agencies (including a foreign government and U.S. Citizen and Immigration Services) and often working with an unfamiliar language and culture. Add to this the tremendous cost and potential for heartbreak if something goes awry and it's clearly makes sense to work with an experienced international adoption agency or adoption lawyers who can guide you through the legal and emotional process of adopting a new family member.

There are two types of international--also known as intercountry--adoptions.

Prospective parents can work with through a U.S. licensed, international adoption agency. The agency will help you find a child and legally adopt a child, and work with you on immigration issues. The agency will usually also offer pre- and post-adoption services, such as your home study and post-adoption visits. Because agencies will only have certain countries in which they work, one-size does not fit all.

In a parent-initiated or direct adoption, the prospective parents work directly with a foreign agency or intermediary to complete the adoption. Because foreign adoption is a legally intricate process, prospective parents who go the direct adoption route are advised to consult with experienced adoption lawyers in the U.S. and the country in which they're adopting.

Although foreign adoptions require a lot of legal steps and potentially confusing paperwork, there are several basic U.S. requirements that must be fulfilled to complete an international adoption:

•The prospective parents must successfully complete a home study
•The child must be legally eligible for adoption
•The child must be legally adopted under the laws of the foreign country
•The prospective parents must meet adoption requirements set forth in U.S. immigration law
•The prospective parents must petition U.S. Citizenship and Immigration Services to allow the child to emigrate to the United States
•The prospective parents must meet all of the legal requirements of their home state

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