The international adoption process is very different, and vastly more complex, than adopting a child from within the United States. This is because the adoptive parents must comply with the legal requirements of both the United States and the country where the child resides. Failure to comply with these technical requirements could result in the child you adopt abroad not being able to enter the United States and/or the child may confront serious obstacles to becoming a legal permanent resident or U.S. citizen.
We are happy to refer you to reputable professionals specializing in the international adoption process. Once you adopt or obtain guardianship of a child from abroad, we can assist by petitioning the court for either an Order of Readoption or an Order Recognizing your Foreign Adoption Decree. We’re available to answer your questions about international adoption if you give us a call at 914-779-1050 or complete our online form. Before beginning your intercountry adoption, you should know some important things about the process.
An international adoption is the legal process through which a citizen or habitual resident of one country adopts, or obtains legal guardianship of, a child from a different country. The formal adoption or guardianship process takes place in the child’s country of origin. The vast majority of international adoptions are accomplished through agencies.
Typically, the first step in the international adoption process is for you to select an international adoption agency.
If the country you’re adopting from has signed the Hague Convention, you’re only permitted to work with Hague-accredited adoption agencies. Although private placement adoption is permissible in some non-Hague countries, you must still work with an accredited or approved Adoption Service Provider to perform your home study report and to guide you through the adoption process. Here’s a link to the list of Hague-accredited adoption entities.
The first step in selecting an international adoption agency is to determine the countries in which they work. Once you’ve settled on the country, your agency will advise you as to the specific requirements (age, marital status, health, ethnicity, religion, length of your stay in the country) you’ll need to fulfill. The average cost of an international adoption is $20,000 to $50,000 (not including travel expenses).
Depending on how your international adoption was completed, you may be required to readopt your child in New York or New Jersey to ensure that your child obtains United States citizenship. Readoption is the legal process whereby a state court enters an order of adoption in favor of adoptive parents who had previously adopted their child outside of the United States.
Except under special circumstances, children entering the United States on IR-4 or IH-4 Visa, are not eligible for automatic United States citizenship unless the adoptive parent(s) obtain an order of readoption before the child’s 18th birthday. Once the child is readopted, he or she will automatically become a U.S. citizen. Your child should also be able to obtain a certificate of birth data from your state’s office of vital records. Your child’s name can be changed as part of the readoption process.
If your child entered the United States on an IR-3 or IH-3 Visa, there is no need for you to undertake the readoption process. You may, however, wish to obtain a court order registering the international adoption decree. Doing so may provide you with the peace of mind of knowing that you’re not relying exclusively on the foreign adoption decree to prove your legal relationship to your child. The process for obtaining such a court order is relatively simple and inexpensive. As an added benefit, you can change your child’s name as part of the Registration of Foreign Adoption process
International adoption comes with its own unique challenges. Countries vary significantly with regard to the age of children waiting to be adopted and the quality of the medical care those children would have received in their country. Travel costs can be expensive and multiple trips abroad may be required. In addition, a child adopted from another country may be older and have emotional or developmental challenges as a result of neglect, abuse or time spent in an institution. It will likely take time for the child to adjust to their new environment, not to mention learn a new language. Adopting a child from another country requires patience and a recognition of the importance of preserving your child’s original heritage and culture. You must also be prepared to accept the fact that you will have either no, or very limited, contact with your child’s birth parents and you may receive very limited information as to your child’s medical history. Before you decide to adopt a child internationally, do plenty of research to make sure it’s right for you.
If you’re interested in an international adoption in New York or New Jersey, our law offices can:
For more information on how to begin the international adoption process in New York or New Jersey, please give us a call at 914-779-1050 or complete our online form.
