Is Your Family Growing?
Having children is one of the most amazing blessings you and your family can receive. Planning your nursery, buying baby clothes, and babyproofing your house are all a part of the beautiful process of having a child!
When you choose to adopt, you are spreading that blessing beyond you and your family and sharing it with a child who is hoping for parents. This does, however, mean more hoops you will need to jump through. Suppose you are adopting a child from another country. In that case, you will face even more complicated legal hoops to ensure your future child not only makes it safely to the United States but they are also recognized as a citizen. They can receive all of the benefits of a U.S. citizen.
In the midst of all the excitement, you may be worried about how to navigate the complex immigration system. That’s okay; we are here to help!
Where Should You Start?
If you are researching adopting a child from another country, you likely already have an adoption agency in mind. If you haven’t done so already, you should make sure that you find an adoption agency that is a good fit for you, your family, your location, and your ultimate goal of welcoming a child into your home.
Ensure you are working with a United States adoption agency that is familiar with the adoption process of the child’s birth country. Inform the adoption agency if you have a preference regarding the country where you will be adopting.
You should also start working with a qualified immigration attorney who understands adoption. The Chidolue Law Firm can help you through the entire process of not only adoption but also immigration. Some families even choose to speak with a family immigration attorney before actually speaking with an adoption agency, as your attorney will be well versed on how you can increase your odds of a successful adoption and fluid immigration process. Consider your attorney your guide, someone who is available to answer your questions and lead you in the right direction.
Once you initiate the adoption process, you will need to complete a home study. This must be conducted by an authorized agency recognized by the U.S. and the country you are adopting from.
Are All Adoptions the Same?
This next step is where you will be glad you have an immigration lawyer who understands this process.
There are three main types of adoption when adopting a child from another country, each with its own rules, regulations, and processes. When working with an immigration lawyer, they will inform you of the type of adoption you are pursuing and help you through each complex step.
The Convention Process
The Hague Convention, which is usually called simply the convention process, is an international agreement to safeguard intercountry adoptions. The convention created an international standard of practice for adoptions outside of your home country. The Convention applies to all adoptions by U.S. citizens of children who reside in any country outside of the U.S. that is party to the Conventions.
It is important to note that the Conventions prevent prior contact between prospective adoptive parents and the child’s parents or legal guardian unless the child and the prospective adoptive parents are related.
The Non-Convention Process
The non-Convention process is also referred to as the Orphan process. To adopt a child from a non-Convention country, the child must qualify as an orphan under U.S. immigration law. Usually, you must begin the adoption process before the child’s 16th birthday.
The Family-Based Petition Process
The family-based petition process allows you to adopt an immigrant child so long as they have lived under your custody for at least two years, they are 16 or younger, or 18 or younger, and the sibling of a 16 or younger adopted child. It is important to note that this two-year period of living under your custody does not always have to be consecutive.
What Should You Watch Out For?
As you can see, adopting a child using any of the above methods can be difficult. Here are a few things to consider.
Adopting children from another country often has stricter requirements than when doing a domestic adoption. Some countries do not legitimize homosexual marriages and do not allow LGBTQ adoptions.
You also have to keep in mind the travel necessary for an intercountry adoption. You will likely need to travel to the country of your future child more than once, which can be expensive and very time-consuming. The country you are adopting from may have political turmoil or an unstable government, which means unique situations for you and your future adopted child.
When adopting a child from another country, there may be a day when they want to explore their culture and customs, a task that will fall on you as their parent. You may face language barriers and other cultural roadblocks.
Do You Need a Lawyer?
You will likely need an attorney when going through the adoption process, which is a lengthy legal process. Your attorney will ensure you are compliant with all laws of both the U.S. and the country your future child is from.
Please call 407-995-6567 to speak with the compassionate team at The Chidolue Law Firm. We have experience working with a variety of immigration cases and can help you make your family more complete!
Don’t risk your future family; work with an attorney who is versed in immigration law and will help you bring your future child home.
