What Is Required to Adopt a Child Outside the US

Most parents who desire to adopt a child find very quickly that there are not many infants to adopt in this country; yet it often takes a while for them to consider adopting children outside the United States.  Yes, foreign adoptions are legal, even though it can be a difficult and expensive process.  Nevertheless, most parents who have done it admit that adopting children outside the United States is a dream come true. 
 

There are agencies in the United States who specialize in foreign adoptions and helping parents planning to adopt children outside the United States.  You can also choose to operate independently with a foreign government and foreign court for bringing an adopted child to the United States under foreign adoptions laws.  However, thousands of people, through foreign adoptions, are bringing an adopted child to the United States with the assistance of an American agency. 
 

It is important to realize, however, that adopting children outside the United States is complex and requires many redundancies.  Be prepared to keep several copies of each document you are required to procure during foreign adoptions in case another agency needs it before approving your request for adopting children outside the United States.  In addition, it is important to start far in advance of the date you plan to bring an adopted child to the United States.  Not only are there numerous requirements before adopting children outside the United States, forms take time to go through the government systems of both countries before you can proceed with bringing an adopted child to the United States.  Not only that, you will be required to have a state home study done even if you are adopting children outside the United States. 

That home study is detailed and specific, and it will be to your advantage to do a bit of research before you beginning foreign adoptions so you do not have to waste time locating information before bringing an adopted child to the United States. 
 

Requirements for Bringing an Adopted Child to the United States
The first requirement is to know the adoption laws in the countries from which you wish to apply for foreign adoptions.  Most foreign adoptions are legal for married couples or single people who are at least 25 years of age who are planning on adopting children outside the United States.  Most countries do not allow foreign adoptions for people who are cohabiting or gay and lesbian couples.  If you plan to bring an adopted child to the United States, he must be a legal orphan: his parents must be dead, must have abandoned him, or his sole surviving parent must state irrevocably and in writing that s/he is permanently unable to care for him.  That is essential before bringing an adopted child to the United States.  It is often recommended that when adopting children outside the United States, you plan to re-adopt after bringing an adopted child to the United States.  Not only will it ensure that your foreign adoptions meet all US adoption laws, it allows you to have an adoption decree in English for you and your child to cherish years after bringing an adopted child to the United States. 
 

Before adopting children outside the United States through foreign adoptions, you must begin by filing an Application for Advance Processing of Orphan Petition.  The complete law for adopting children outside the United States can be found in the Immigration and Nationality Act (INA) and the requirements in the United States Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS).  Again, all foreign adoptions must adhere to the laws of the foreign country, US adoption and immigration laws for foreign adoptions, and your state adoption laws relating to bringing an adopted child to the United States.  And while the US government can provide information and advice about bringing an adopted child to the United States, it cannot act as your lawyer or intermediary in foreign adoptions. 

The US Citizenship and Immigration Services will also require several items before approving your plans for adopting children outside the United States, including:

If you use an American adoption agency to facilitate foreign adoptions, you may end up paying between $7,000 and $30,000 for bringing an adopted child to the United States.  There may be additional foreign legal fees, transportation costs, translation fees, passport fees, and more when adopting children outside the United States.  If you choose to re-adopt your child in this country after foreign adoptions, there will be additional fees and court costs, possibly amounting to $2,000 or more, depending on your state laws concerning adopting children outside the United States.
 

Other Foreign Adoptions Necessities When Adopting Children outside the United States
The INA states that there is a two-year residency requirement in foreign countries for bringing an adopted child to the United States.  However, in this country, parents adopting children outside the United States must merely prove their US citizenship and their intention of bringing an adopted child to the United States for official adoption.  In most situations, however, this does not mean that bringing an adopted child to the United States immediately makes him a US citizen.  When adopting children outside the United States, they do become lawful permanent residents and can become citizens if that does not happen automatically.  You must file the proper paperwork and pay the appropriate fees with the immigration service to finalize foreign adoptions and make sure that bringing an adopted child to the United States will result in him or her becoming a U.S. citizen. 
 

Adopting children outside the United States is an expensive and complex process; however, it has brought joy to thousands of parents in this country. A Family Attorney specializing in foreign adoptions should be consulted.