Adoption of Foreign Children by United States Citizens
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 Adoption
is becoming increasingly common in the United States. There are
currently over 200,000 foreign children that have been adopted and are residing in the
United States alone. Moreover, it is estimated that approximately 20,000 foreign children are
adopted annually. Before the international adoption process can even begin, approval must be gained
from the U.S. Citizenship and Immigration Services (USCIS) which is part of the
Department of Homeland Security (DHS). It is imperative for prospective parents who are planning on
adopting inter-country to research the adoption process
in both the United States and the intended country they wish to adopt from, so
they are aware of the adoption process. Once the prospective adoptive parents
are sure they want to continue the adoption
process, they should begin filing applications as soon as possible. Some
prospective parents find it easier to use the services of international adoption
agencies. International adoption agencies
tend to be familiar with the adoption and immigration process and can be good
resources. Just like one would research the international
adoption process, research should also be
conducted on adoption agencies. The USCIS cannot recommend specific adoption
agencies but they urge prospective adoptive parents to research adoption
agencies, and use one with a strong reputation. In addition, the adoption agency should have
previous experience or have shown competent legal representation in bringing
foreign born children and orphans into the United States.
Prospective adoptive parents may have a specific country in mind that they would
like to adopt a child from. The
Department of State homepage lists specific countries and adoption links, for
individuals interested in adopting a child from the referenced country. The
website also includes information on regulations pertaining to international
adoptions. Adoption remains a private and confidential matter between
the prospective parents and the foreign agency or government. As such, the U.S.
government cannot petition on behalf of the prospective parents when it comes to international
adoptions. The foreign country’s
courts each have their own set of laws which the prospective parents must abide
by. Adopting a child from abroad does not automatically translate into
guaranteed immigration to the United States,
as there are certain procedures and
requirements that must be met beforehand by the adopting parents. To meet
specific legal procedures and requirements the adopting parents must work closely with
the USCIS so that the foreign adoptee can be processed accordingly. Without the
USCIS processing, the foreign child will not be allowed to enter and reside in
the United States. For the most part, the U.S. government allows for foreign
children who have not reached their 16th birthday to be
adopted and become U.S. citizens.
Check with the USCIS for exceptions that may apply.
There are two legal methods to adopting a foreign child.
Adoption can occur when a
child has lived with the prospective parents for two years in the United States. Keep
in mind that even before the foreign child can enter the United States, the
prospective parents must make sure the child meets all the requirements that are
set forth by the USCIS. The second method entails adopting a child from an
orphanage. The petition can be submitted anytime before the child’s 16th
birthday or on their
18th birthday, when they are officially an adult. It does not matter if the adoption takes place
afterwards. There are times when the adoption will not occur before the adoptee
enters the U.S. and this is acceptable. Prospective parents wanting to adopt
older children (those no longer meeting the age requirement) should first check
what the age limits are regarding immigration and adoptions. The limits should
be verified even if the state law allows the adoption of adults and
children that surpass the age requirement.
Overall, there are strict rules and regulations that adopting parents
must adhere to. Each state has both similar and different rules, and the
process can take several months or even years before the adoption
actually takes place. Generally, requirements pertaining to income, stability of
relationship, length of marriage, and living
conditions must be met
before an adoption can take place.
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