Investigation Issues
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. 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.
Adoption Issues
A. Children Born Out of Wedlock
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.
A legitimated child has all the same rights as a child born in wedlock.
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.
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. 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.
