Adoption of Foreign Children by United States Citizens
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 Adoption has become more common in the United States. There are
currently over 200,000 foreign children that have been adopted and reside in the
United States. Each year approximately an additional 20,000 foreign children are
adopted. Before the 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). Prospective parents who are planning on
adopting inter-country should begin by researching the adoption process so that
they know what to expect. If the prospective adoptive parents decide that they
want to continue the adoption process, then they should start filing
applications for the child they are interested in. Some prospective parents find
it easier to use the services of international adoption agencies. The agencies
tend to be familiar with the adoption and immigration process and can be good
resources. Just like research is done on the international
adoption process the
same thing should be done with adoption agencies. The USCIS cannot recommend any
specific adoption agency but they recommend that prospective adoptive parents
find 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 already have in mind a country where they would
like to adopt a child from. A good starting point would be to check out the
Department of State homepage where specific country links could be found. This
website will also include useful information such as the regulations of adopting
inter-country. Adoption in itself is a private and confidential matter between
the prospective parents and the foreign agency or government. The U.S.
government does not have any say when it comes to international
adoptions and
cannot petition on behalf of the prospective parents. Each foreign country’s
courts will have their own set of laws and the prospective parents must adhere
to these. Adopting an orphan from abroad does not automatically translate into a
guaranteed immigration to the United States. There are certain procedures and
requirements that must be met beforehand by the adopting parents. To meet the
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 immigrated.
Check with the USCIS for exceptions that may apply.
There are two legal methods to adopt a foreign child.
Adoption can occur when a
child has lived with the prospective parents for a residency of two years. 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 an orphan. The petition can be submitted anytime before the child’s 16th birthday or on their
18th birthday. It does not matter if the adoption of the orphan takes place
afterwards. There are times when the adoption will not occur before the orphan
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 checked even in cases where the state law allows the adoption of adults and
children that surpass the age requirement.
Keep in mind that there strict rules and regulations that the adopting parents
must adhere to. Each state have both similar and different rules, and the
process can take several months or even years to go through before the adoption
actually takes place. There are requirements as to income, stability of
relationship, length of marriage, living conditions, etc. that must be met
before an adoption can take place.
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