How can i adopt a child from overseas

Adopt a Child Internationally | Homeland Security

Intercountry adoption is when U.S. citizens adopt children from overseas. When children are adopted from outside the United States, they must go through an immigration process. U.S. Citizenship and Immigration Services (USCIS) determines the eligibility and suitability of prospective adoptive parents (individuals) looking to adopt and the eligibility of children to immigrate to the United States.

U.S. Citizenship and Immigration Services (USCIS) website is the best place to start learning about intercountry adoption.

Visit these webpages for more information:

Before You Start introduces the intercountry adoption process.
Immigration through Adoption describes the intercountry adoption-related immigration processes.

Additionally, visit the U.S. Department of State Intercountry Adoption website for more information about individual country requirements, alerts and information about adoption service providers.

When children are adopted from outside the United States, they must go through an immigration process. U.S. Citizenship and Immigration Services (USCIS) determines the eligibility and suitability of prospective adoptive parents (individuals) looking to adopt and the eligibility of children to immigrate to the United States.

U.S. immigration law provides three different processes for children to immigrate to the United States based on their intercountry adoption. Children may only immigrate under one of the three processes and they must meet all of the requirements for the selected process.

If you are a U.S. citizen adopting children internationally, you may use either the Hague or the Orphan (non Hague) process. Under these processes, a child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here. The adoption process that may be available will depend in part on whether a child is from country that is party to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Depending on what country you choose to adopt from will determine which process you will adopt by.
The third process applies to U.S. citizens or permanent residents who may petition for their adoptive children through a Family-Based Petition.

Tips

Become as familiar as you can with the intercountry adoption laws, processes, resources and contacts.

An adoption service provider will be able to help you arrange an international adoption placement, but cannot represent you before USCIS or advise you on the legal aspects of a child's immigration. An attorney can provide legal advice or representation for adoption proceedings.

USCIS National Benefits Center (NBC) has a Call Center to assist you during your adoption process.

Call 877-424-8374 Monday – Friday 8 a.m. to 5 p.m. Central Time
Email [email protected]

Topics

Office of the Citizenship and Immigration Services Ombudsman

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American Adoptions - International Adoption in California

At American Adoptions, we help families to grow through private domestic adoption.

While we cannot facilitate internation adoption, we’re passionate about making sure you have access to adoption information no matter which type of adoption in California appeals to you.

To get more information about international adoption, contact an adoption specialist now.

In the meantime, continue reading below to find helpful information for families hoping to pursue international adoption in California.

The International Adoption Process

As a family pursuing intercountry adoption in California, here’s what you can expect the process to look like:

Step 1: Choose a country to adopt from. Since different agencies specialize in different international adoptions, you’ll want to narrow down your list of countries to adopt from first and foremost. To do this, consider your preferences in a child; do you have preferences in terms of age or gender? You’ll also want to consider whether you meet the country’s eligibility requirements, as these do vary by location. Costs can vary, as well.

Step 2: Choose a California international adoption agency. Once you’ve chosen a country to adopt from, it’s time to choose a professional to help you complete the process. Per the International Adoption Universal Accreditation Act of 2012, any professional you consider should be Hague-accredited, which means that they’re compliant with the Hague Convention. (The Hague Adoption Convention is an international treaty that was enacted to oversee international adoptions and protect children.) Your adoption agency will also help you to complete the adoption home study process and guide you through the rest of the necessary steps for an international adoption.

Step 3: Apply to be eligible to adopt. Before you can adopt overseas in California, the U. S. Citizenship and Immigration Services must give their approval. If you’re hoping to adopt from a country that’s a member of the Hague Convention, you’ll fill out Form I-800A. If your country is a non-Hague country, you’ll file Form I-600A.

Step 4: Wait for an adoption opportunity. When both the United States and the country you wish to adopt from have deemed you eligible, you’ll wait for an adoption opportunity. Depending on the country you’re adopting from, you may either receive an adoption referral before you travel or be matched with a child after you’ve traveled.

Step 5: Apply for the child’s adoption eligibility. Once you’ve matched with a child, you’ll need to make sure he or she is eligible to immigrate to the United States. Depending on which form you previously filed with the USCIS, you’ll either fill out Form I-800 or Form I-600. Once that has been approved, you’ll fill out the DS-260 form to apply for your child’s vis

Step 6: Receive your child’s immigrant visa. When you travel to adopt your child, you’ll receive one of the following types of immigrant visas:

The IH-3 (Hague) or IR-3 (non-Hague) visa. You’ll receive this visa if both adoptive parents were present to complete the child’s adoption.
The IH-4 or IR-4 visa. You’ll receive this visa if the adoption was not completed in the child’s home country or if only one of the child’s adoptive parents were pregnant for the adoption proceedings. If this is the visa you receive, you will have to finalize your child’s adoption in the United States.

What is re-adoption?

As we stated above, if you received an IH-4 or IR-4 visa for your child, you will have to finalize his or her adoption in the United States. However, it’s recommended that even if your child’s adoption was legally completed in his or her home country, you re-adopt, or finalize the adoption, in the United States. Re-adopting your child in the U. S. can help to ensure that he or she gets the same legal rights as a U.S. citizen. Where a foreign adoption is concerned, it’s always prudent to complete a re-adoption in the United States.

California International Adoption Agencies

If you’re interested in adopting internationally in California, you’ll want a trusted professional who is skilled in completing adoptions in the country you wish to adopt from. You should expect your adoption agency to:

Support, educate and guide you through the international adoption process
Oversee your home study
Communicate with the country you wish to adopt from and identify a child for an adoption opportunity
Help to terminate parental rights if applicable
Aid in the re-adoption process once you bring your child home to the U.S.

A few California international adoption agencies you may consider to help you in your adoption journey are:

Adopt International
Holt International
Heartsent Adoptions
Vista Del Mar
Family Connections Christian Adoptions

If international adoption sounds like the right way to grow your family, we can help make sure you have the resources you need. Contact an adoption specialist today to get the guidance you need.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. America Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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How can a stepfather adopt a wife's child

Two years ago I married a woman with a child. At that time the boy was five years old. We quickly found a common language: we often went out into the countryside, kicked a ball in the yard together, and went to the cinema.

Six months ago my wife and I had a daughter. I don’t make any kind of division “this child is mine, but this one is not”. I love both equally, for me both are relatives. But only after the birth of my daughter, I thought about adopting a stepson: I want us to have a real family, not only in life, but also according to documents.

One thing is confusing: the boy has a biological father, he is included in the birth certificate. When the child was one year old, he and his mother, my current wife, divorced. The father is not interested in his son in any way, and he pays alimony partially and from time to time: he regularly goes into drinking bouts and because of this he cannot find a permanent job.

The main question that worries me the most is: can I adopt my wife's child if he has a biological father? There are also a lot of secondary questions. If yes, what is needed for this? How is the adoption procedure going? Why might I be denied?

Tamara Skokova

guardianship officer

The short answer to the main question is yes, you can adopt a stepson even if he has a biological father. But it's not always easy. I will tell you what is needed for intra-family adoption, what consequences this procedure has, and when adoption may be refused.

Why adopt a wife's child

When a single mother marries, her husband becomes not a father to the child, but a stepfather. And at this stage, legally, the child of the wife and stepfather has almost nothing to do. In words, the mother can allow to take part in upbringing, give money, give gifts. But since the stepfather is not the father, he is not obliged to do this. And even if he wants, he will not be able to represent the interests of the child in a clinic, kindergarten, school, or take him with him on a trip abroad.

At the same time, if the stepfather helped his wife's children financially for a long time and regularly, they have maintenance obligations to him. This means that in the future, a disabled stepfather has the right to go to court and collect alimony from his wife's adult child.

Art. 97 SK RF

After adoption, the stepfather is equal in rights with the father and legally can fully participate in the life of the child. But along with this, duties also appear, for example, to support a minor and pay alimony in the event of a divorce from his mother.

The child, in turn, also receives rights, such as inheriting the property of the adopter, and responsibilities, such as caring for and caring for the adoptive parent when he is old and unable to work.

Art. 87 SK RF

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How adoption works

I talked about adoption in detail in another article in Tinkoff Magazine. Then I will repeat the nuances that are important for your situation.

For adoption to be possible, it is necessary that:

The marriage with the child's mother must be officially registered.
The mother agreed that her husband should adopt her child.
The child was under 18 years of age.
The stepfather initiated the adoption.
The child did not have a biological father, or he was deprived of parental rights, or agreed to adoption. I will talk about this further.

If all of the above conditions are met, you need to collect documents and apply to the district court at the place of residence or location of the child, as well as to the prosecutor's office and the guardianship and guardianship authority. What documents will be needed and how the court session is going on is further in the article.

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What if the child has a biological father

If there is a dash in the birth certificate in the “Father” column or the biological father died and this is confirmed by a death certificate, then there is no one to get consent from. But if there is a biological father, then there are two ways for adoption:

deprive him of parental rights, unless, of course, there are reasons for that. For example, in your case, the father suffers from alcoholism, has not been interested in the life of the child for a long time, and pays alimony intermittently - this may be enough;
to receive from him a voluntary consent certified by a notary to have his child adopted by a specific person. I had such cases - I will tell you about one.

The man decided to adopt his wife's child. At that time, the marriage had lasted for three years, the boy called his stepfather dad. The father did not raise the baby, did not participate in his life, did not pay alimony. But he did not want to recognize the claim for deprivation of his parental rights. This delayed the process.

/guide/lishenie-parent/

Why they can be deprived of parental rights

Guardianship specialists explained to the biological father that there is another way. He may voluntarily agree to the adoption of his child. This will be beneficial to both parties: the stepfather will be able to arrange the adoption, and the father will forget about alimony, because, since the child will have a new dad, the old one will be exempted from paying them.

Mother, father and stepfather signed a notarized consent. After that, the stepfather safely adopted the boy.

What documents are needed for intra-family adoption

The adoption procedure is lengthy. But most of the time is spent collecting documents. You will need:

A copy of the adopter's passport.
Copy of marriage certificate.
Copy of the child's birth certificate.
Certificate of no criminal record.
Consent of the spouse to the adoption of the child - the mother can write it by hand.
Medical report on the state of health of the adopter.
The conclusion of the expert medical commission on the state of the child's health.
A document confirming the ownership or right to use a dwelling.
Biological father's consent to adoption or death certificate, court decision on declaring him dead or depriving him of parental rights.
Application for adoption - it can be written in free form.

st. 271 Code of Civil Procedure of the Russian Federation

How is the court session and what to do after

Before the hearing, the judge checks the submitted documents: checks the copies with the originals, examines the conclusion on the validity and compliance of the adoption with the interests of the child and the act of examining the living conditions of the adoptive parent and the child. But your head should not hurt about these documents: they are prepared by the guardianship and guardianship authorities.

Usually, only interested parties come to the court session: an adoptive parent, a mother, a representative of the guardianship and guardianship authority, as well as a child who has reached fourteen years of age. A child older than ten years old can be admitted to the meeting, but only if he already knows that the adopter is not his own father, and there is no secret in this.

At the hearing, the court will find out your motives for adoption and ask if you know the consequences of this step. And then, taking into account the submitted documents, the testimony of the mother and, if necessary, the child himself, he will make a decision.

If the claim is satisfied, the decision comes into force within ten days from the date of its issuance. After that, you must personally contact the registry office at the place of registration of the child in order to obtain a new birth certificate for him. In it, you will be listed as the father and the child's surname and patronymic will change.

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In addition, the registry office will issue another document - a certificate of adoption or adoption. There will be indicated the old and new data of the child and by whom he was adopted. After that, you can contact the passport office at the place of registration to make a note about the child in the passport.

When the stepfather is denied adoption

Even if a man is legally married to the mother of the child he wants to adopt, the court will refuse if the stepfather:

is registered with the neuropsychiatric dispensary;
has an alcohol or drug addiction;
was previously deprived of parental rights in relation to his own children;
we are on trial for serious crimes.

Here is an example from my practice. The stepfather applied to the guardianship department and submitted the necessary package of documents for the adoption of his wife's child. He raised his stepdaughter from the age of two, and was legally married to her mother for more than five years.

When the guardian examined the living conditions, she was convinced that the relationship between the girl and her stepfather was warm and trusting, the situation in the family was safe.

However, during the check it turned out that the man was on trial for a serious crime in the field of drug trafficking. The guardianship specialist indicated this in the conclusion on the validity of the adoption, and the court refused to adopt the stepfather.

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Which families are considered dysfunctional

What is the result

You can adopt a wife's child, even if he has a biological father. The easiest way is to get voluntary consent from him. If it fails, then try to deprive parental rights - in your case, there is a reason.

Pay attention to the main terms of adoption: the child is under 18 years old, the marriage with his mother is officially registered, she agrees that you adopt her child, you are the initiator.

Adoption can be refused if doctors confirm that you have an unstable mental state, alcohol or drug addiction. And also if it turns out that you were previously deprived of parental rights in relation to your own children or were convicted of serious crimes.

After the adoption, you will be required to support the minor and, for example, to pay alimony in the event of a divorce. The child, in turn, will be entitled to inherit your property.

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How to adopt a child

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Adoption of a child - Federal Foreign Office

Attention! The Russian Federation is not a party to the Hague Convention on the Protection of Children and Cooperation with regard to Foreign Adoption (HAÜ).

With the entry into force of the German Adoption Assistance Act on April 1, 2021, it became mandatory to conduct a procedure for recognizing and determining the entry into force of the Russian decision on adoption before the German Family Court.

Only so-called assisted adoptions, ie those carried out with the participation and mediation of a German accredited adoption agency, can be recognized. It is possible to confirm the support of the adoption by the authorities of the state of residence of the child and the state of residence of the adoptive parents by presenting a certificate from an intermediary organization dealing with adoption, in accordance with § 2d of the Adoption Law (AdVermiG).

With regard to national adoption, nothing changes with the entry into force of the Adoption Assistance Act.

How can I adopt a child, a citizen of the Russian Federation?

If you, as a German citizen, wish to adopt a child from the Russian Federation, you must contact an accredited intermediary organization dealing with adoption issues. There you will receive advice on the adoption procedure, as well as assistance in the implementation of your intentions.
Please note that, in accordance with the laws of the Russian Federation, adoption of children by same-sex couples is not possible.

Your German mission abroad at the place of residence of the child in the Russian Federation will support you by issuing a certificate in Russian, briefly explaining the impact of the adoption of a child on his citizenship from the point of view of German law. Experience shows that Russian courts require the presentation of such a certificate. As a rule, the specified intermediary organization dealing with adoption issues takes care of the submission of documents necessary for the issuance of this certificate, and the issuance itself.

How can my adopted child obtain German citizenship/passport?

According to German law, a child under the age of 18 who is adopted under German law acquires German citizenship automatically upon adoption.

In the case of adoption proceedings initiated after 04/01/2021, the acquisition of citizenship takes place only after the German family court has declared its recognition.

To enable you and your adopted child to enter Germany before the end of the recognition and citizenship procedure, it is possible to issue a visa upon presentation of a certificate in accordance with § 2d of the Adoption Act with incidental recognition of the adoption decision by the foreign mission.
Please contact the visa office in advance as experience has shown that it may take some time to issue a visa.

Only in cases where it can be proven that the adoption process was initiated by an intermediary agency dealing with adoption, up to 21.04.2021 , after an incidental verification of the adoption decision, a German passport can be issued for entry into the Federal Republic of Germany.

If you plan to enter Germany after the adoption procedure has been completed, please contact the competent foreign mission in advance in order to carry out an incidental check of the adoption decision.