Adding to your family through adoption is usually a rollercoaster ride of emotions and dealing with the law. Foreign adoptions are all the more complex. You're dealing with multiple countries, several government agencies and often working with an unfamiliar language and culture. Add to this the tremendous cost and risk of heartbreak if something goes awry.

International adoptions vary as much as a child's home country. Get a general idea of the steps in international adoption and you'll be ready to work with an experienced international adoption agency or lawyer who can guide you through the process and help bring your child home.

Two Types of Intercountry Adoptions

There are two methods of international or intercountry adoptions:

Agency adoption through a US-licensed international adoption agency. The agency will help you find and legally adopt a child abroad, and help you complete the immigration process. The agency will usually also offer pre- and post-adoption services, such as your home study and post-adoption visits. Agencies tend to focus international programs on certain countries, so you may have to look for the right one for you.

Direct or parent-initiated adoption. Prospective parents work directly with a foreign agency or intermediary to complete the adoption. When you choose this option, it's best to work with experienced adoption lawyers in the US and the foreign country. From start to finish, foreign adoption is very complex, and you'll need help navigating the process.

Requirements for International Adoption

Although foreign adoptions require a lot of legal steps and potentially confusing paperwork, you also have to meet requirements at home to complete your international adoption:

• Adopting parents must complete a home study
• The child must be legally eligible for adoption
• The child must be legally adopted under the laws of the foreign country
• Adopting parents must meet requirements for adoption set by US immigration laws
• Adopting parents must arrange for their child's immigration to the US through US Citizenship and Immigration Services
• The adoption must meet requirements set by the adopting parents' home state

Learn as much as you can about the workflow for your chosen country. You'll be better able to work with your adoption agency or attorney and track the progress of your case.

Re-Adoption

Once the foreign adoption is complete, and you have brought your child home, you need to decide whether or not you should re-adopt your child in the US. This depends on several factors, including the type of visa.

If your child was issued an IR-3 visa, federal law does not require you to re-adopt. Your state's laws may require re-adoption, and if your child was issued an IR-4 visa, you must re-adopt in your home state.

There are several advantages to re-adoption:

• Your child will be issued a new birth certificate by your state, making access to certified copies in the future easy
• You'll have a US judgment for adoption, should you ever need it, and you won't have to rely on foreign documents
• You can easily change your child's name during re-adoption

Your adoption attorney can guide you through the process and prepare required paperwork for re-adoption.

The Hague Convention

The Hague Adoption Convention is an international treaty signed by about 75 countries, including the US. The treaty strengthens protections for prospective adoptive children, birth parents and adoptive parents. Its goals are preventing international trafficking of children, and to ensure that each adoption is in the best interest of the child.

The Hague Convention went into force on April 1, 2008, and applies to adoptions involving the US and other Convention countries. The Convention may not apply to your case if your foreign adoption was in process before April 1, 2008. If so, check with your adoption agency or attorney because transitional rules may apply.

Get started with your foreign adoption, and look forward to when you can share stories of your journey with your child.

Questions for Your Attorney

• I want to adopt from my family's home country. Is there preferred status based on national origin?
• If one spouse or partner doesn't qualify to adopt in a foreign country, can the other spouse adopt as a single parent abroad and re-adopt as a couple in the US?
• I want to adopt a special needs child abroad. Can the severity of my child's needs prevent her immigration to the US?

Related Resources on Lawyers.com^sm

- Contact an Adoption Law Lawyer  in your area for specific legal advice, and read about Selecting a Good Family Law Lawyer
- Need a form? Access a variety of do-it-yourself business and personal legal forms that meet your needs
- Read Completing an Adoption Home Study, Advertising an Unborn Baby for Adoption, or access more Adoption Law articles and information
- Visit the Legal Forums for discussions on Adoption Law topics
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- Legal Dictionary

Related Web Links

- State Adoption Statutes from the Child Welfare Information Gateway
- Intercountry Adoptions from the U.S. Department of State