In order to adopt a child born abroad, the prospective parent must complete certain formalities established by the government in the foreign country in which the child resides as well as any which may exist in the state of residence of the adoptive parent(s).

When preparing to adopt a child from abroad, it is important to understand that there is a lot of paperwork. It is a good idea to make about 10 sets of all documents as you may need to file multiple copies of your materials for different agencies both of the U.S. and the foreign government. Although the process can be frustrating, it has been deliberately designed to protect the child, the adoptive parent(s) and the birth parent(s).

Background: U.S. Law on International Adoptions
An orphan cannot be brought to the United States without a visa. The U.S. Immigration and Naturalization Service is the agency responsible for the issuance of visas to children adopted abroad or coming to the United States for adoption. U.S immigration law limits the immigration of adopted children to those adopted while under the age of sixteen years.

There are certain other requirements. Generally these requirements may differ depending on whether the parents have resided with the child abroad for at least two years or whether the child is coming to the United States to be adopted.

First, unless the parents have resided and had legal custody of the child for at least two years, the prospective parents must insure that they meet the pre-adoption requirements of the state in which they reside. Typically, this includes providing evidence of financial stability, evidence that they can provide a loving home for the child, as well as an in-home study (which can cost several thousand dollars) to show that the physical characteristics of the home are adequate to raise a child. The home study (a report on the family prepared by a licensed social worker or other person licensed to perform home studies) is also required by the INS and cannot be more than 6 months old at the time it is submitted to the INS. In general, all agencies, whether state or private, require proof of citizenship, marriage (if a married couple), health, financial stability and information about arrests or certification of a clean criminal record.

Additionally, while some countries may accept the properly authenticated home study of the prospective adoptive parent(s) at face value, other countries may require a personal appearance by the adoptive parent(s) before the foreign court. Certain countries also require a period of residence by one or both adoptive parents. In these cases, prospective adoptive parents may find it necessary to spend an extended period of time in the foreign country awaiting the completion of the foreign adoption documents. Additionally, several countries require a post-adoption follow-up conducted by the adoption agency or the foreign country's consul in the United States.

Prospective parents who wish to bring a child to the United States to be adopted, must also provide evidence that they have complied with the pre-adoption requirements of the state in which they reside. The prospective parents must also submit documentation that the child they propose to adopt is an orphan. This means that if the parents are still alive, they must have irrevocably surrendered parental custody. Please note that if the prospective parents, or a person or entity working on their behalf gives or promises to give money or some other remuneration either directly or indirectly to the child's natural parents, agents or other entity's as payment for or as an inducement to release the child, the petition will be denied. This provision does not, of course apply to administrative, court, legal, translation, and or medical services relating to the adoption proceedings. Only after it is demonstrated that both the parents and the child qualify, can the child be issued a visa to travel to the United States.

Forms
The Orphan Petition form has two parts: I-600 and I-600A. The I-600 is used when a specific child has been identified by the adoptive parents. The I-600 is filed with the appropriate office of the INS in the United States. The INS is responsible for deciding on all aspects of the I-600 petition - including the suitability of the adoptive parent(s), compliance with any state pre-adoption requirements (if the child is to be adopted after entry into the United States), and the qualifications of the child as an orphan. If the INS approves the petition, it notifies the U.S. embassy or consulate which processes visas for the country where the child is located. At the same time, the approved I-600 petition and supporting documents are sent to the National Visa Center in New Hampshire, where the petition is assigned a computer tracking code and then mailed to the appropriate U.S. consular office abroad.

The I-600A form should be filed if the prospective adoptive parent(s) have not yet identified a child or plan to go abroad to locate a child for adoption. Like the I-600, this application is filed at the local INS office in the United States which has jurisdiction over the place of residence of the adoptive parent(s). The INS evaluates the suitability of the prospective adoptive parent(s) based on the evidence submitted. This also includes an FBI criminal background check.

As with the I-600, when the I-600A application is approved, notification is sent to the adoptive parents as well as to the appropriate U.S. consular officer. This is done if one or both of the prospective adoptive parent(s) will be traveling overseas and intends to file an orphan petition at the consular or an immigration office abroad. The adoptive parents may then file the I-600 petition with the local INS office in the United States, or overseas with the INS, or with the U.S. consular office abroad. Although only one parent must be present to file the I-600 petition overseas, that parent must be a U.S. citizen. In addition, if only one of the two parents travels, the petition must nevertheless be properly executed (signed) by both parents. This second signature cannot be done by power of attorney. The petition also must be completely filled out before either parent signs. Parents can, however, use express mail service to obtain the other signature.

Inter-Country Adoptions
Although the process of adopting a child differs from one country to another, most governments require that a child placed for adoption be legally recognized as an orphan. In cases where a parent is living, the American government and typically the foreign government requires that the child has been legally and irrevocably released for adoption consistent with the law in that country. Most countries require the full adoption of the child in through the court system in that country after the child has been declared an orphan or released by the living parent. Some countries do allow the adopting parent(s) to apply for guardianship of the child by the foreign court. This will permit the child to leave the foreign country to be adopted in the country of the adopting parent(s).

A few countries do allow adoptive parents to adopt through a third party without actually traveling to that country. You should be aware that just because the government of the foreign country where the child resides has determined the child is an orphan does not guarantee that the U.S. Immigration and Naturalization Service will consider the child an orphan. This is because the standards in our law may be different than the ones used by the foreign government. Questions about the interpretation of specific foreign laws should be addressed to an attorney operating in the country where the adoption will take place. Typically, the adoption agency through which you are working can arrange this, as well as the attorney you are using in the United States.

Immigrant Visas
When the foreign adoption (or guardianship process in those countries which allow guardianship) is completed, the adoptive parent(s) can apply for an immigrant visa at the appropriate U.S. consular office abroad. In addition to the notification of the approved I-600 or I-600A petition from the INS, the consular officer must be presented with certain additional documentation before scheduling the visa interview and issuing the visa. Understanding what those requirements are before you leave, and planning for them can help insure that you do not face unexpected, expensive, and sometimes heart wrenching delays or even denials. These include, but are not limited to the following:

• notification by the INS of the I-600 or I-600A approval

• final adoption decree or proof of custody from the foreign government. Be aware that the U.S. consular officer will focus on documents related to 1) the identity of the child, 2) the child's status as an "orphan" as defined under U.S. immigration law and 3) that the release by the sole surviving parent, if necessary, is "irrevocable and in writing. If the documents presented cast any doubts about the child's eligibility as an orphan, the Consular Officer will return of the petition to the approving INS office for reconsideration. If the adopting parent(s) submitted the I-600A to the INS in the United States and the approval notice was forwarded to the U.S. embassy or consulate, the consular officer must adjudicate the I-600 Petition to Classify an Orphan as an Immediate Relative. The consular officer has the authority, delegated by the INS, to decide whether to approve or deny the I-600, relying upon the approved I-600A as demonstration of the suitability of the prospective adoptive parent(s) and their compliance with any applicable state pre-adoption requirements.

• the child's birth certificate

• the child's passport (from the country of the child's nationality)

• necessary photographs of the child

• the visa application (Form OF 230)

• completed I-600 petition (if it was not previously approved by INS)

• visual inspection of the child (this can often be arranged prior to the final interview to avoid distractions during the interview process)

• the completed and signed medical examination report based on a medical examination of the child by a designated physician approved by the U.S. embassy or consulate, including exams to detect certain serious contagious diseases or disabilities that may be a basis for visa ineligibility. If the child is found to have any of these illnesses or disabilities, the child may still be issued a visa after the illness has been treated and is no longer contagious, or after a waiver of the visa ineligibility is approved by the INS. If the physician or the consular official notes that the child has a serious disease or disability, the parents will be notified and asked if they wish to proceed with the child's immigration. Prospective adoptive parents should not rely on this medical examination to detect all possible disabilities or illnesses. You may wish to arrange an additional private medical examination if you have concerns about the child's health.

• A fee, which must be paid either in local currency or U.S. dollars in cash, money order, cashier's check or certified check. Neither personal checks nor credit cards are accepted.

It is strongly recommended that prospective parents contact the consular officer prior to the interview to obtain a list of the visa requirements and necessary forms and to discuss any questions or concerns. Your attorney can often facilitate this exchange.

It is also important to remember the consular office is only responsible for issuing the visa which enables you to apply for entry to the United States with the child. The final authority to enter the U.S. rests with the INS at the port of entry. Thus, it is a good idea to bring a copy of the entire application and all supporting documents with you at the port of entry.

Protecting Yourself from Fraud
A child, even one you have been with only a short time, can quickly become very precious to you. You can avoid the heartache of losing a potentially adoptable child by using only reputable agencies, attorneys, and facilitators. Some unscrupulous individuals prey upon unsuspecting prospective parents by 1) knowingly offering a supposedly healthy child for adoption who is later found to be seriously ill, and 2) obtaining prepayment for adoption of a nonexistent or ineligible child. It is important to ask a lot of questions, or involve an immigration attorney experienced in immigration matters, like Thomas Bassett and Associates to assist you. If the answers to your questions appear to be contradictory, vague, or unrealistic, be extra careful and consider switching to another agency.

The consular section in the U.S. embassy or consulate in the country of planned adoption can provide accurate information concerning local legal practices. If you have problems with agencies or intermediaries in the United States you should report these concerns immediately to the appropriate state authorities, i.e., your state social services office, District Attorney, Better Business Bureau, or state Attorney General's office. The INS should be notified of these concerns as well.

Other issues
Many adoption practitioners recommend that the child adopted abroad be re-adopted in a court of his/her state of residence in the United States as a precautionary measure. Following a re-adoption in the state court, parents can request that a state birth certificate be issued. This should be recognized in all other U.S. states and can avoid problems when applying for admission to school, and later, as an adult, when applying for jobs, security clearances and the like.

Bethany Christian Services
901 Eastern Avenue, N.E.
Grand Rapids, MI 49503-1295
616/459-6273 616/49-0343 (fax)

Holt International Children's Services
P.O. Box 2880
Eugene, Oregon 97402
503/687-2202
503/683-6175 (fax)

*National Adoption Information Clearinghouse (NAIC)
P.O. Box 1182
Washington, DC 20013-1182
Tel: 703-352-3488 / 888-251-0075
Fax: 703-385-3206
Internet address: http://www.calib.com/naic
Internet e-mail: naic@calib.com

*This organization was established by Congress to provide the general public with easily accessible information on all aspects of adoption. NAIC publishes a variety of fact sheets on adoption issues, directories of adoption-related services, and a catalog of audiovisual materials on adoptions. NAIC does not place children for adoption or provide counseling. It does, however, make referrals for such services.

Adoptive Families of America
3333 Highway 100 North
Minneapolis, MN 55422
Tel: 612-535-4829
1-800-372-3300

Committee for Single Adoptive Parents, Inc.
P.O. Box 15084
Chevy Chase, MD 20825
Tel: 202-966-6367

FACE (Families Adopting Children Everywhere)
Face Inc.
P.O. Box 28058
Baltimore, MD 21239
Tel: 410-488-2656 (Help-line)

International Concerns Committee for Children
911 Cypress Drive
Boulder, CO 80303
Tel: 303-494-8333

Joint Council on International Children's Services
P.O. Box 5636
Washington, D.C. 20016
Tel: 202-687-2202

*North American Council on Adoptable Children (NACAC)
970 Raymond Avenue, Suite 106
St. Paul, MN 55114
Tel: 612-644-3036
Fax: 612-644-9848

*This organization can provide a list of parent support groups in a specific region of the United States.

National Council for Adoption
1930 17th Street N.W.
Washington D.C. 20009
Tel: 202-328-1200

In this section also see:

Family Based Immigration
Employment Based Immigration
Immigrant Visa Processing
Diversity Lottery
Asylum/Refugee