Petition for Adoption of Foreign Child
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.
Our Immigration Attorneys know Adoption
About International Adoptions
Types of International Adoptions
There are three different processes to immigrate your adopted child:
- Hague Adoptions
- Orphan Adoptions (Non-Hague)
- Immigrating Other Adopted Children
"Adoption is one of the purest expressions of the love that human beings are capable of."
– Wayne Pacelle
Hague Adoptions refer to the international adoption process that is governed by the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. The Hague Convention is a multilateral treaty signed by several countries, including the United States, to establish standards for intercountry adoptions and to prevent the abduction, sale, or trafficking of children. In order to participate in Hague Adoptions, both the sending and receiving countries must be signatories to the convention. This means that if a U.S. citizen wants to adopt a child from a Hague country, they must adhere to the rules and procedures outlined in the convention to ensure the adoption is ethical and lawful.
Immigrating other Adopted Children
Immigrating adopted children refers to the process of bringing a child who has been adopted abroad to their new home country as a permanent resident. In the United States, adopted children may immigrate to the country through a process called “immigrant visa processing.” This process is managed by the U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS).
For a child to be eligible to immigrate to the United States, they must meet certain requirements such as being under the age of 16, being legally adopted by a U.S. citizen, and being found eligible for immigration under U.S. law.
It’s important to note that the process of immigrating an adopted child can be complex and time-consuming, and it is important that adoptive parents work with an experienced immigration attorney to ensure all steps are completed correctly. Additionally, the requirements for immigrating an adopted child may vary depending on the country of origin, the child’s individual circumstances, and U.S. immigration laws and regulations.
Non-Hague Adoptions: Orphan Adoptions
Non-Hague orphan adoptions refer to the international adoption process where the sending country is not a signatory to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. This means that the country does not follow the standards and procedures established by the Hague Convention for intercountry adoptions. As a result, the process for adopting a child from a non-Hague country can be less regulated and may not have the same safeguards in place to protect the child and adoptive family. In some cases, non-Hague adoptions may be more complex and take longer than Hague adoptions due to differences in laws and regulations between countries.
It’s important for prospective adoptive parents work with an immigration expert to understand the specific requirements and process for adoption in the country they are interested in to ensure they fully understand the challenges and responsibilities involved in a non-Hague adoption.
Let our Expert immigration Attorneys help you navigate the complex process of bringing your adopted child home
Fillmore Spencer provides assistance in evaluating whether your adoptions is from a Hague or non-Hague country and the requirements of each process.Call Fillmore Spencer at (801) 426-8200 or contact us online today for a free initial consultation with an Immigration Adoption Expert.