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.