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Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

Bringing your internationally adopted child to the U.S.

On Behalf of | Feb 14, 2024 | Adoption

Bringing a child back to New York from another country can be a huge undertaking. International adoption comes with many legal requirements to protect all those involved. You must work closely with United States Immigration and follow their strict guidelines to return with your child.

Any immigration by adoption process involves extensive paperwork and legal challenges. By understanding what lies ahead, you may better prepare yourself for what can only be a rewarding journey.

Immigration through the Hague Process

The Hague Adoption Convention is an international agreement that outlines the standards and procedures for intercountry adoption. Its goal is to protect the best interests of children and safeguard them from potential abduction, sale or trafficking.

If you are adopting from a Hague-compliant country, you must comply with specific procedures and requirements. You must be a U.S. citizen residing in the country habitually. If you are married, your spouse must also adopt the child. Otherwise, you must be at least 25 years old when filing.

At the same time, the adoptee must be under the age of 16, unmarried and either an orphan or obtain parental consent to adopt.

Undergoing a home study by an accredited adoption service provider is the first major step. You must submit this along with other essential USCIS requirements. If the USCIS approves both your Form I-800A and Form I-800, adoption will proceed.

Immigration through the orphan process

The process for non-Hague countries, also known as the orphan process, is almost the same except for a few key steps. You must establish that the child qualifies as an orphan under US immigration law. An orphan is a child who does not have parents due to the death, abandonment or disappearance of both parents or has a surviving parent who is unable to provide care.

To proceed with adoption, you must file the relevant forms and receive an approved Form I-600A and Form I-600.

Intercountry adoption entails submitting many supporting documents, undergoing thorough background checks and completing home studies. You’ll need to gather not just your own paperwork but also the child’s. There are also deadlines and eligibility criteria to meet.

Despite the challenges of international adoption, the rewards will be well worth the effort. Consider enlisting an experienced immigration attorney to guide you through each step. The sooner you complete the requirements, the faster you can welcome your new family member into the United States.