Legal Guidelines of an International Adoption

The United States Immigration and Naturalization Service (INS) sets requirements for which a child who was internationally adopted can be brought to the United States. Additionally, the adoption will have specifications given by the foreign country from which the child resided. The state of residence of the prospective parents may also be involved in the process as well. Many of the requirements are extremely particular and repetitive due to the number of entities overlooking the adoption. If a document is requested, it is recommended that several copies are obtained. The process while tedious is designed to provide the most protection to all parties involved including the child, adoptive parents, and birth parents. nembutal for sale online

The US Immigration and Nationality Act INA is the US immigration law regulating the distribution of visas to citizens of foreign countries which includes children adopted abroad. INA Section 101(b)(E) gives immigrant classification to “a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years.” This provision is intended for individuals living abroad who wish to adopt. Since most adoptive parents do not have the luxury of living abroad with their child for 2 years, there is an additional provision of INA Section 101 (b)(1)(F) which endows immigrant classification to orphans who have been adopted by US citizens. With this provision, there are requirements established by the INA and related institutions which must be met by both parties, but the two year residency requirement is eliminated. After qualification of parents and child, a visa can be issued for the child to the United States.

Specific information about INS requirements can be found in the US Department of Justice, Immigration and Naturalization Service brochure M-249Y, The Immigration of Adopted and Prospective Adoptive Children. The INS provides a toll-free number from which a form M-249 booklet can be requested as well as a directory listing the telephone numbers of local INS offices in the US. The INS toll free number is 1-800-755-0777.

The adoption attorney or agency requires specific documents along with the state of residence. Many find the documents to be quite daunting. There is a chart in Appendix C, Section 4 which can serve as a checklist for most of the required documentation. In general, an applicant will be expected to prove citizenship, marriage, health, financial stability, and a clean criminal record. A home study conducted by a licensed social worker will often be mandated.

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