Columbus Georgia Foreign Adoption Attorney
Foreign adoptions are not exactly an easy process or are rather very confusing as it involves :
• more than one country
• dealing with foreign government agencies
• a new language
• an alien culture
In addition it is expensive and the chance for emotional trauma if it doesn’t work out is high. Hence the guidance of an experienced adoption lawyer or international adoption agencies is mandatory.
There are two types of international or inter-country adoptions- direct adoption or through an agency. In direct adoption or parent-initiated adoption the parents interact directly with a foreign agency. Here adoption lawyers in the U.S and the country in which they’re adopting can play a very useful role in guiding them through the mind boggling legal processes involved.
The other option is to go through a U.S licensed international adoption agency which will take up all the responsibility:
• Find you a child
• Take care of all the legal procedures involved
• Tend to immigration issues.
• Pre-adoption services like home study
• Post-adoption visits
The only disadvantage is that these agencies work only in a few countries thus limiting the margins of choice.
The would-be parents have to fulfill a few basic U.S. requirements for the adoption process to be complete. They have to clear a home study and must comply with all the adoption requirements as per U.S. Immigration Laws and also the legal requirements of their home state. They must petition U.S. Citizenship and Immigration Services for permission for the child to immigrate to the United States. In addition, the child must be legally eligible for adoption and must be legally adopted under the laws of the foreign country.
Another puzzling area is whether the child needs to be “re-adopted” on reaching the U.S with its new family. The answer depends on the type of visa the child was issued.
• An IR-4 visa definitely requires re-adoption in your home state.
• An IR-3 visa – re-adoption is not required under federal law but the state law may say otherwise.
• Re-adoption will give your child a new American birth certificate which will prove very useful in future. It also gives you the option of changing your child’s name if you want to. A U.S judgment order also comes with re-adoption saving you the trouble of a foreign adoption judgment.
The Hague Convention is another factor that may affect your idea of international adoption. The Hague Convention on Protection of Children and Co-operation is a treaty involving 70 countries, U.S included, for the protection and welfare of adoptive children, prospective adoptive parents and also birth parents. The main objective of this treaty is to curb trafficking of children and to make sure that every adoption process contributes positively to the health and welfare of the child.