Foreign Adoption: What to expect when you adopt abroad.

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The recent Tsunami disaster has certainly spurred new interest in international adoptions. But, if you're thinking of adopting one of the children orphaned by the giant tidal wave (or any bundle of joy from abroad, for that matter) -- you'll first want to make yourself familiar with adoption laws, not only the ones in this country but in the country you're adopting from as well.

Every country has requirements for prospective parents. Generally, these fall within certain age and income parameters. But, you may also be asked about the number of children you already have, as well as questions designed to indicate the stability of your marriage.

You should also be aware that certain countries have more, shall we say, unusual requirements? Korea, for example, has a weight requirement. No fatties (defined here as more than 30% overweight) need apply. If you want to adopt from St. Lucia, bring your realtor with you. You're not required to be a resident, but you do need to own property on the island. And if you have your heart set on an infant or child from Indonesia, one of the areas hit hardest by the Tsunami, you'll be required to spend two years in the country before your application will even be considered. And, oh yes....apparently there are no atheists in foxholes or Indonesia, because you'll also be required to express a belief in God.

Once you meet requirements, there are two ways to adopt your international child:

If you've traveled to the country of birth, you may proceed with adoption right then. There is no need to wait until you return to U.S. courts. Your child will be given an IR-3 visa, and will automatically be granted U.S. citizenship upon entering the country. A certificate of citizenship will follow about 45 days later.

If you pick up your child in the country of birth, but do not proceed with adoption in that country, he or she will be issued an IR-4 visa. You'll be required to follow through with adoption proceedings once you return to the U.S. And, American citizenship will be granted automatically when the adoption is finalized. However, parents must apply separately for the certificate of citizenship. To do so, simply file USCIS Form N-600, which can be downloaded from www.adoption.com

Why re-adoption makes sense

If you've adopted your bundle of joy under the first scenario, in the country of origin, you may want to consider re-adopting the child in an American court. There are plenty of good reasons for doing so. Only 26 states, for example, recognize a foreign adoption decree, which means the legality of the adoption may not be recognized where you live. The legality issue could mean problems ahead if your child is due to inherit property or money from you when you die. It could even lead to deportation if the "child" -- now 18 years or over - ever commits a felony crime.

The benefit of re-adoption is that it also allows you to procure a couple of documents that will help make life much easier for you and your adopted child. For example, you can obtain:

An American birth certificate from your state of residence.

This certificate will list you as the birthparent, and also the name you have chosen for your child. If the child wishes to change the name in the future, he or she can legally, and more easily, do so with an American birth certificate. It will also be easier to obtain copies of birth certificates in the future.

A U.S. Judgment Order for Adoption.

This document means you won't have to produce the foreign judgment, along with its translation, every time you might need to show a birth certificate. Think how much faster you'll be able to cross into Canada or Mexico for vacation if the border guards won't have to study your Slovakian child's adoption decree, and its translation.

Of course, once you have your child home, and all your legal documents in place, don't expect everything to be smooth sailing. After all, you've had months, maybe even years to plan for this day - but your child has had little preparation for his or her new home life.

Expect some medical issues

One of the first matters of business for your child should be a complete medical examination. Medical records and/or medical history may be missing for your child, so it's a good idea to have your doctor perform all age-appropriate tests.

Don't be surprised if your child is not in perfect health. Studies of internationally-adopted children show that as many as 60% of them bring an infectious disease with them to their new homes. The most common are hepatitis and HIV. An additional problem is reactive attachment disorder, a condition in which the child has trouble forming a loving relationship. More than likely, you can also anticipate some sleeping problems. After all, your child is, most likely, adjusting to an entirely different time zone.

All of these medical disorders can be treated -- but will your insurance plan cover the health problems of your adopted child? In most cases, the answer is yes, especially if you are covered under an employer-sponsored health insurance plan, which is subject to federal laws. If you are covered under an individual plan, however, those are generally regulated at the state level, so call your State Department of Insurance to determine your child's eligibility.

Finally, do take some time out from all the paperwork and red tape to focus on your child. Each bundle of joy is a blessing, and that's true whether they're delivered by stork -- or by an international airline.

Comments

I have a friend who was adopted at 13 from another country...she's been married, divorced and remarried here in the US and is now over 30 with 3 US born children. She recently found out that her citizenship was actually never finalized and could not vote in our last election. Is this matter one that can only be resolved with a lawyer or are there any documents they can file on their own?
Thanks,Esther

Hi Esther, for better assistance on this matter you may wish to speak to an attorney. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com

My daughter is US born & had a baby with an undocumented man. He has since been deported, reentered the US, and is in the process of being deported again. Can her baby be legally adopted by someone else??

My sister in law recently passed away after a very short fight with cancer. She left behind an 11 year old daughter, and as myself and my wife are the only living family members who can look after her, she was brought here to Texas from the UK.
She was only allowed in the country on a 90 day visa and she has to keep returning back to England, where she has no family, no house and no income.
How de we go about legally adopting her? We have parental powers given to us by the court, but our understanding is that we have to keep her constantly for 2 years in order to do this, and the current ruling of repatriating her every 90 days interferes with that.
Can you advise us please.

My husband and I want to adopt a young man from Pakistan who is 23, but who we have become very very close to and want him to be part of our family.

We live in California, I have no idea if this can be done, or how to go about it. Could you please let me know if this is possible and where we need to start the process.

Thank you so much.

Jeri Mork

my relative was been in denmark got pregnant by his danish boyfriend but she dont like him anymore,she's in the philippines now to continue her education,she's been finance by her second parent, she was adopted by a couple when she work in denmark.How i wish i could find a couple who wants to adopt an adult boy.

i have a son in ghana who i have supported now for 2 1/2 years he is now 18 and i want to make him my legal son because he is a orphan i still support him and im going to ghana in 2 weeks can i legally adopt a adult orphan i have documents to proff his parents are dead and i got him a passport what can you advise me.. he isnt in school and i need to get him to the usa in our hearts i am his mom what can i do while im in ghana

I adopted my son from Russia. I lost his adoption decree and I applied for us citizenship to get his us papers because he is a legal permenant resident. The ss office will not give him benefits from his dads death because i didnt have the adoption decree or the citizenship papers. The n600 form takes 5-6 months to process. I contacted a lawyer who works in russia to help get me these papers of adoption decree. He came in on a IR3 visa before the act change in 2004 actually one month to the day! Can you give me information on what to do..we have no monies coming into the house after my husbands passing. Thank you

is it posible that a Aunt/Cousin can adopt you into the US at an age of 20?

Thank you

Hi Leslie, thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding adoption. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.

I have a daughter from my first marriage and she is 18 years old,she doesnt U.S citizen like me, and she havent wanted to see or contact with legal father since 5 years old.She loves so much my husband as a father since 6 years old and she wants to him as a legal father.He has U.S Citizenship. Can My husband adopte my daugter ?

Hi Asena-- Thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding adoption. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.

I had an exchange student from Brazil. She is now 23 and the people that raised her has passed. There are not jobs that pays enough for her to support herself. Can I adopt her and bring her to the U.S. and if so what procedure do I have to take and about how much will it cost.

I am in the state of Louisiana.

Thanks

Thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding adoptions. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.

I have been a mentor for a 24 year old Peruvian female. she had been in the states and finished Middle and High School here. Also completed 3 semesters of University here. No criminal record, high grades and voluntarily returned to Peru in 2009. She has been pursuing degree in Lima, while participating as a member of the Peruvian National Womens Rugby team. I am a 65 YO, male, retired USAF Officer and would like to adopt her and bring her back to the US. Chances?? Realistically. Thanking you in advance.

Hi Roger - Thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding adoption. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.

one iranian girl she was help less so last 6 year i support her eaducation fees and living money supported.she is eaducation on india last 6 year. she eaducated MSC. then complete phD (Computer since) now she want stay in india. how i adopt as my doughter pl. advice me

Hi Kishore Kumar De - Thank you for contacting LegalZoom. While we make creating legal documents easy and affordable, we cannot offer legal advice on this matter. However, feel free to get free legal advice on the LegalZoom Facebook page every Tuesday and Friday. Check out Free Joe: http://zoo.mn/FreeJoe.

My husband and I both lost our adult daughters to cancer five years ago and would like to adopt an unmarried Mexican girl of 29 living illegally here with her two own two daughters. We have come to love her and her children and have enough wealth to make her confortable here in the U.S and to provide for them. We are now teaching her English but she needs the protectiion adoption would provide to obtain legal status to drive, remain here legally and gain citizenship. She is of excellent moral character with a high degree of intelligence and capacity for love.Is this sort of adoption possible for her protection and peace of mind?

Hi Donna and Lewis - Thank you for contacting LegalZoom. While we cannot give specific legal advice regarding adoption or citizenship, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.



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