What Processes Do I Need to Follow in an International Adoption?

 Posted on April 10,2019 in Family Law

Not all couples go the traditional route when it comes to having children. For some couples, adoption is the best option to grow their family. Adoption is a rewarding and fulfilling process, but it can also be long and tedious. When it comes to adoption, there are a few different options that you have to choose from. The first decision you should make when adopting is whether you want to go through a domestic adoption and adopt a child from the United States, or if you would like to go through an international adoption and adopt a child from a foreign country. The international adoption process can be complicated, but a skilled adoption attorney can help.

Hague and Non-Hague Adoptions

For international adoptions, there are two types that you can choose from: Hague and non-Hague adoptions. The adoption process you will use will entirely depend on the country you decide to adopt a child from.

Hague Adoptions

Many countries are members of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. Also known as the Hague Adoption Convention, this international treaty was created to protect birth parents’, children’s, and adoptive parents’ best interests when going through an international adoption. Hague adoptions provide much more resources and protections to adoptive parents and their children than non-Hague adoptions.

A major part of success with an international adoption is understanding the culture, beliefs, and ways of life in the country where you are adopting a child from. Because of this, the Hague Convention requires prospective adoptive parents to complete 10 hours of parent education before they are permitted to continue with the adoption.

Countries that are members of the Hague Adoption Convention include:

• United Kingdom
• Colombia
• Israel
• India
• China
• Mexico
• Thailand
• Rwanda

Non-Hague Adoptions

If a country is not a part of the Hague Adoption Convention, it is not guaranteed that a U.S. citizen will be permitted to adopt a child from that country. Each country has different requirements and laws when it comes to adoption by U.S. citizens. If the country does allow the adoption, you must adopt using the orphan process.

Before you can adopt, the child must be legally considered to be an orphan under U.S. immigration law. This means the child must be foreign-born and does not have parents due to their death, disappearance, abandonment, or desertion. If the child is not considered an orphan, the child’s birth parents must be deemed unable to care for the child and must relinquish their parental rights in writing.

Countries that are not a part of the Hague Adoption Convention but that permit U.S. citizens to adopt children include:

• Chad
• Japan
• Liberia
• Barbados
• Ethiopia
• Nepal
• Morocco
• Nigeria

Consult With a Will County Adoption Lawyer

Adoption is the right choice for many families, but an international adoption can be wrought with stress. If you are considering an international adoption, you should contact an experienced Mokena, IL international adoption attorney before you pursue it. At Wakenight & Associates, P.C., we can help you with the complexities of any type of adoption. Call our office today at 815-727-6144 to set up a free consultation.

Sources:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention.html

https://www.uscis.gov/adoption

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/non-hague-adoption-process.html