Introduction to International Adoption and Immigration
Adoption Issues
A. Children Born Out of Wedlock
The prospective adoptive parent(s) should be aware that although a child may be born out of wedlock, that child may still have two parents.
A child born out of wedlock in a country that has not eliminated all legal distinctions between “legitimate” and “illegitimate”.
B. Legitimated Children
Most countries have legal procedures for the legitimation of children by their natural fathers. Accordingly, Adoptive and prospective adoptive parents of children born out of wedlock should become familiar with the laws of a foreign country to determine how children become legitimated.
A legitimated child has all the same rights as a child born in wedlock.
A legitimated child from any country has two legal parents and cannot qualify as a orphan unless only one of the parents is living or both of the parents have abandoned the child.
C. Abandonment
A child abandoned by both parents may qualify as an orphan under U.S. immigration law. INS regulations state that a child who has been unconditionally abandoned to an orphanage is considered to have no parents.
D. Intra-Familial Adoptions
Most will find it difficult to prove that the child meets the definition of an orphan under U.S. immigration law.
Investigation Issues
An officer will expedite the investigation, but the process may take a longer time. Adoptive parents going abroad to complete formalities should contact the appropriate U.S. embassy, consulate, or the foreign office of the Bureau of Citizenship and Immigration Services (BCIS) for information on the process.
The investigation’s goal is to confirm the child is an orphan under U.S. Immigration Law and has no undisclosed illnesses or disabilities. Children with contagious diseases, for example, may be inadmissible. It’s crucial to agree with recommended sources for adoption and ensure the entire procedure is legal. Be aware of fraudulent document markets and individuals who claim to offer faster or cheaper adoptions, as they may be unscrupulous. While the investigation may delay the case, it protects families from the painful situations that can arise from illegal adoptions.
E. Some Problems Faced by Adoptive and Prospective Adoptive Parent(s) of Foreign-Born Children
The adoptive and prospective adoptive parent(s) of foreign-born children face complex requirements which appear in the law itself. BCIS has kept the documentary, regulatory and procedural requirements to a minimum, while conforming with the intent of the law. In addition to BCIS requirements, petitions for orphans must also comply with state and foreign adoption laws. The laws of some countries do not permit adoption. Laws of other countries restrict persons eligible to adopt children. The evidence must be in the form of documents. This evidence may vary, depending on the facts of the case.