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International Adoption and Readoptions
International adoption involves the adoption of children located outside of the United States. Most international adoptions are completed through an adoption agency located in the United States. Adoption agencies will have different foreign country programs and their own set of requirements for who can adopt and which children are available for international adoption, in addition to those required by the country program chosen by the adoptive parents.
The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption establishes international standards of practice for intercountry adoptions. The Convention applies to the United States and all countries that have joined it (Convention countries) and provides certain safeguards, not only for the children, but also for prospective adoptive parents. For example:
The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption establishes international standards of practice for intercountry adoptions. The Convention applies to the United States and all countries that have joined it (Convention countries) and provides certain safeguards, not only for the children, but also for prospective adoptive parents. For example:
- only adoption agencies that have been evaluated and approved / accredited may offer certain adoption services for Convention adoptions unless the organization or individual is operating as an exempt provider or under the supervision of an accredited or approved adoption service provider;
- accredited adoption agencies must itemize and provide written documentation of fees and estimated expenses associated with the adoption, when adopting from a Convention country, and unforeseen expenses may only be recovered under specific circumstances; and
- all children adopted from a Convention country will receive a Hague Adoption Certificate or a Hague Custody Declaration from a U.S. consular officer upon satisfaction that the adoption was completed in compliance with Convention requirements.
Pre-Adoption process
Prospective adoptive families must complete a home study that meets the requirements of the adoption agency, as well as United States immigration laws and laws of the foreign country. After the completion of a home study and a dossier that is submitted to the foreign country, prospective adoptive parents will wait for a referral to a child eligible for adoption. They will be provided with information that may include pictures of the child and medical background information. Although each country and program is different, adoptive parents usually do not receive much background and medical information about the child and their birth family. Upon acceptance of a referral, an adoption "match" is made.
Travel
After a match, the adoptive parents will usually travel to the country to finalize the adoption. A few countries do not have travel requirements; however, that is an exception. Some countries have specific requirements on how long the adoptive family must stay in the country before the adoption can be finalized.
Other Considerations When Adopting Internationally
Many adoptive parents consider it a benefit that the child has been abandoned and is in an institutional or orphanage setting because they prefer a "closed" adoption with little to no contact with the child's birth parents. And, if a parent is unknown, there is little risk of a birth parent appearing during or after the adoption process and attempting to parent the child. On the other hand, one of the downsides to international adoption is that little is usually known about the child's family and medical history because the child is an orphan or was abandoned. And these children may later wish that they could pursue a relationship with their birth parents or obtain information about their family history.
Finalization of International AdoptionS
In most international adoptions, the adoption is legally finalized in the foreign country. In those cases, the child is usually issued an IR-3 or IH-3 visa. The child will generally become a United States citizen upon entering the United States pursuant to the Child Citizenship Act.
In some cases, however, the child may be placed in the custody or guardianship of the prospective adoptive parents until the adoption is finalized in the United States. Occasionally, the adoption may be finalized in the other country, but the United States does not recognize the adoption for citizenship purposes, often because a prospective adoptive parent never met the child prior to completing the overseas adoption. Those children will usually enter the United States on an IR-4 or IH-4 visa and must complete the adoption finalization process in the United States in order to acquire U.S. citizenship. In the event that the adoption is finalized in the United States, you will need a competent adoption attorney to file the case in your local court. You will also be able to request a name change as part of those adoption proceedings. Generally, after the hearing to finalize the adoption, your child will automatically become a United States citizen. You will not, however, automatically receive a Certificate of Citizenship (COC) for the child, which is one of two main types of documentation (the other being a United States passport) which can be used to prove citizenship. To obtain a COC, you will need to file a N-600, which is recommended.
If you would like help to finalize your international adoption or to obtain a Certificate of Citizenship for your adopted child, please contact Sheri today for a consultation.
In some cases, however, the child may be placed in the custody or guardianship of the prospective adoptive parents until the adoption is finalized in the United States. Occasionally, the adoption may be finalized in the other country, but the United States does not recognize the adoption for citizenship purposes, often because a prospective adoptive parent never met the child prior to completing the overseas adoption. Those children will usually enter the United States on an IR-4 or IH-4 visa and must complete the adoption finalization process in the United States in order to acquire U.S. citizenship. In the event that the adoption is finalized in the United States, you will need a competent adoption attorney to file the case in your local court. You will also be able to request a name change as part of those adoption proceedings. Generally, after the hearing to finalize the adoption, your child will automatically become a United States citizen. You will not, however, automatically receive a Certificate of Citizenship (COC) for the child, which is one of two main types of documentation (the other being a United States passport) which can be used to prove citizenship. To obtain a COC, you will need to file a N-600, which is recommended.
If you would like help to finalize your international adoption or to obtain a Certificate of Citizenship for your adopted child, please contact Sheri today for a consultation.
ReAdoption
What is a readoption?
If an adoption is finalized internationally, upon their return home, many families choose to “readopt” the child in the United States. While most states including Maryland and D.C., will recognize and enforce an international adoption decree, readoption is a means of validating the parent/child relationship under United States laws, thus protecting the child, and securing a child's inheritance rights and right to support.
Why should I readopt?
A readoption is recommended for several additional reasons. First, a readoption can protect your child from the possibility that the foreign country may later attempt to overturn the original adoption decree as a result of changes in adoption laws or policies or due to corruption of the process (such as baby-trafficking). A valid United States adoption decree will not be able to be overturned by the foreign government. Second, practically speaking, readoption is advised because an adoption decree in English from a United States court is likely to be more readily accepted as proof of adoption, rather than a translation of a decree in another language from an international entity. Third, should the limited foreign documentation of the adoption ever be destroyed or lost, it is much easier to obtain an adoption decree from your local courthouse, than from the foreign country. Finally, readoption is also a method to obtain a name change, if desired, for the child.
How do I readopt in Maryland?
While some states have simplified the readoption process, Maryland has not. To complete a readoption in Maryland, you must file a Petition for Adoption in your local Circuit Court, along with all required exhibits such as foreign adoption decrees and papers, home study and medical reports, and so forth. Once the paperwork is in order, the Court will hold a hearing to finalize the readoption.
How do I readopt in D.C.?
The District of Columbia has implemented a process for D.C. residents to complete a readoption by submitting proof that the child was granted an IR-3 visa or a successor immigrant visa by USCIS. An adoptive parent may file a petition for a D.C. adoption decree and name change, if desired. The case will be placed on an expedited calendar which is designed to minimize the time and expense to the adoptive parents.
If you would like more information about readoption in Maryland or Washington, D.C., please contact Sheri today.
If an adoption is finalized internationally, upon their return home, many families choose to “readopt” the child in the United States. While most states including Maryland and D.C., will recognize and enforce an international adoption decree, readoption is a means of validating the parent/child relationship under United States laws, thus protecting the child, and securing a child's inheritance rights and right to support.
Why should I readopt?
A readoption is recommended for several additional reasons. First, a readoption can protect your child from the possibility that the foreign country may later attempt to overturn the original adoption decree as a result of changes in adoption laws or policies or due to corruption of the process (such as baby-trafficking). A valid United States adoption decree will not be able to be overturned by the foreign government. Second, practically speaking, readoption is advised because an adoption decree in English from a United States court is likely to be more readily accepted as proof of adoption, rather than a translation of a decree in another language from an international entity. Third, should the limited foreign documentation of the adoption ever be destroyed or lost, it is much easier to obtain an adoption decree from your local courthouse, than from the foreign country. Finally, readoption is also a method to obtain a name change, if desired, for the child.
How do I readopt in Maryland?
While some states have simplified the readoption process, Maryland has not. To complete a readoption in Maryland, you must file a Petition for Adoption in your local Circuit Court, along with all required exhibits such as foreign adoption decrees and papers, home study and medical reports, and so forth. Once the paperwork is in order, the Court will hold a hearing to finalize the readoption.
How do I readopt in D.C.?
The District of Columbia has implemented a process for D.C. residents to complete a readoption by submitting proof that the child was granted an IR-3 visa or a successor immigrant visa by USCIS. An adoptive parent may file a petition for a D.C. adoption decree and name change, if desired. The case will be placed on an expedited calendar which is designed to minimize the time and expense to the adoptive parents.
If you would like more information about readoption in Maryland or Washington, D.C., please contact Sheri today.
Resources
United States Department of State, Bureau of Consular Affairs:
- Searchable list of Hague Convention approved and accredited adoption service providers
- Searchable list of country-specific adoption requirements
- Visa requirements and adoption forms