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      26 Mar 2012

      Understanding Hague Adoption Law: Why it is so Important

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      We are often called on to consult with prospective adoptive parent(s) about potential foreign adoptions.   In some of these cases, the child is already known to the parent(s). The “known” child may be a relative or “friend of a friend”. 

      Stricter international adoption laws have been enacted in recent years, in order to prevent child abductions, selling of children and abuse of the system. These laws also prevent adoptions which are sought solely in order to circumvent other immigration laws.

      The Hague Convention on International Adoption is now law in many countries. The 'normal' procedure involves potential parents applying to adopt and waiting to be matched with a child, therefore it is much more difficult to adopt a “known” child.  There are “exceptions”, but these are often poorly defined and difficult to prove.   Therefore, a couple who wants to adopt a niece or nephew, or a child of a friend  may have a difficult (or impossible)  goal in mind (depending on the circumstances and the countries involved).

      The paragraphs above apply to "Hague Adoptions".  In the case of a U.S. parent seeking to adopt from a foreign country that has not ratified the Hague Convention, a different set of laws apply. Still other difficulties can arise. 

      Each adoption is different, and the facts of the case and the laws of the individual countries must be considered.   There is not one, standardized model to follow, and the laws can be confusing.  Under this system, it is  possible for a couple to go to a foreign country, adopt a child under the laws of that country, and never be able to legally bring the child to the United States.  (this can even happen if one of the adoptive parents is a citizen of the foreign country).

      Due to the changes in international adoption law and also in U.S. immigration law, it is not safe to assume that as long as the adoption is done “for the right reasons” everything will be fine.   If the laws are not followed specifically, and the steps done in the proper order, a family can end up in a situation where family unification is difficult or impossible.    Another costly and exhausting scenario involves having to void an improperly obtained adoption and re-do  the entire thing, in the proper order and with the proper documentation. There is always the potential for something to go wrong the second time, which would be a heartbreaking situation.

      After many years of working with foreign adoptions, if I were asked to give one piece of advice to potential parents it would be this:  PLEASE, get ALL of the facts about ALL of the laws involved and seek a legal consult EARLY with an attorney who is familiar with international adoption law, U.S. immigration law and the family law of your state.  Do this BEFORE you fall in love with a child and BEFORE you make plans which affect the future of the entire family.  

      Kalish Law Office has been representing adoptive families since 1984.  

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      10 Oct 2011

      International Adoption: Proving U.S. Citizenship for Adoptees

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      When a U.S. citizen couple (or single parent) adopts a child through international adoption procedure it is important to be certain that all steps have been followed so that the child is a U.S. citizen and can prove it, beyond any doubt.   Adoptive parents should not consider the process completed until this happens.

      Although the procedures have become more standardized over the years, there are still a variety of laws, rules, treaties, forms, and procedures that come into play.

      Due to changes that have occurred in adoption laws over the years, there is not one set “formula” that has been applied to all situations. Whether citizenship is automatic or not, whether there must be a re-adoption in the U.S., and which procedures should be followed depends on the situation.

      This month’s Adoption Advocate published by the National Council for Adoption is an article titled: Protecting the Rights of Intercountry Adoptees: Steps to Ensure the Right of Citizenship for Every Adopted Individual.  The author of this article is Jean Nelson Erichsen, an experienced adoption advocate and former director of Los Niños International Adoption Center. I was fortunate to be asked to consult with her in the writing of this article.

      Ms. Erichsen’s article contains some shocking statistics and troubling case histories of individuals who were adopted by U.S. citizen parents but, for various reasons, have not received U.S. citizenship. Some are entitled to citizenship but lack the documentary evidence to prove it.

      In some cases internationally adopted individuals may be able to remedy that situation with the help of an agency, attorney or adoption advocate.  However, some of these unfortunate people have “fallen through the cracks” and are the victims of a gap in our laws. 

      Although immigration reform is a “hot topic” politically, it is hard for me to imagine that even the staunchest supporters of strict immigration policy would deny these adoptees the right to U.S. citizenship. The immigration laws that were drafted with an exclusionary purpose were clearly not intended for this situation.    

       If you are an international adoptee who is unsure of your immigration status I encourage you to investigate the facts.  Talk to your parents, an adoption advocate, an immigration/adoption attorney, or the agency which is responsible for your adoption.   You may be one of the fortunate ones who are able to remedy your situation fairly easily.  

      If you fall into one of the categories that does not currently have a legal remedy, you can help by advocating for change.

      To advocate for change, contact your U.S. legislators, and advocate groups such as National Council for Adoption (NCFA). 

      See also the Adoptee Citizenship Factsheet published by the NCFA, October, 2011.

      -Laura Kalish

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      26 Feb 2011

      Completing Your Child's Foreign Adoption in Texas

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      When a family returns to the United States with their child who was adopted in another country, there are often additional steps to be taken.  

      When a Texas resident adopts a child from another country, that adoption is governed by Texas law, United States law, international adoption law and treaties, and the law of the country where the adoption took place.  In addition, the area of adoption law has been changing rapidly for the past several years, so the requirements or recommendations will not be the same for everyone.    For instance, a child adopted in China in 2009 may have a very different legal situation than a child who was adopted in Guatemala in 2000.

       

      There is a lot of confusion between “readoption” and “reaffirmation”, although the words are often used interchangeably.   Whether the more detailed “readoption” or the relatively simple “reaffirmation” (recognition) of the adoption is required is ultimately determined by the paperwork and facts in each situation, by the Texas County in which the suit is filed, and even by the individual Texas judge’s requirements for his/her court.

       

      People often ask if they “must” do anything further.  If there are additional requirements that must be met to insure legal status with U.S. immigration, the answer is “yes”.  In some situations, not following through could cause an “uncertain” or “undocumented” status when the child reaches 18.  (Please note:  If a child became 18 prior to February 27, 2001, when the Child Citizenship Act came into effect, that child was not granted “automatic” U.S. Citizenship. If you or your child came in prior to February 27, 2001 and never took final steps with US Immigration, you should investigate or seek a legal consult to see what options are available to remedy this situation.)

      Although it may not be legally required for a child who has been granted US citizenship to take the additional step of having the foreign adoption reaffirmed in Texas state court, it is always a good idea.  After the judge signs the order, a U.S. (Texas) birth certificate with the child’s name and both parents’ name on it can be obtained.  The judge can also grant a name change when necessary.  Taking care of these details will assist the parents and child with documentation issues when registering for school, getting a driver’s license, applying for employment, or applying for college, scholarships and financial aid and is the “final step” in a long, successful adoption journey!

       

      The Kalish Law Office has been representing clients in domestic and foriegn adoptions for over 20 years. www.kalishlawtexas.com   281-363-3700

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      1 Feb 2011

      General Information about Adoption of a Child in Texas

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      Adopting a child requires the completion of very specific legal steps.  Long ago, people “adopted” children informally but that is not the case anymore.  There are many laws and regulations relating to adoption, and more laws are coming into effect every year for both domestic and international adoption.

       

      The laws are necessary in order to keep children safe, and to standardize procedures and governmental record keeping.  

       

      The legal steps taken in an adoption vary, depending on whether or not the adoption is domestic or foreign, within the state of Texas or interstate, agency or non-agency, and whether it is an adoption by a stepparent, foster parent, grandparent, other relatives, or by non-relatives.  

      Although there are many variables, here are some basics to adoption procedure in Texas.

       

      1. The child must be available for adoption.   The legal rights of any living or legal parent must be terminated by court order. 
      2. Everyone who has the legal right to be notified about the procedure must be notified.   This includes biological parents, guardians, a legal father (who can be a non-biological father married to the mother during pregnancy/birth) and any involved agencies. If a party’s whereabouts are unknown, there are certain methods that can be used to give “legal notice”, even if it isn’t “actual notice”.
      3. The adoptive parent or parents must pass certain screening in order to adopt.  In most situations, this involves a home study.  The adoptive parent(s) will need to be capable of financially and emotionally supporting the child.  The adoptive parent(s) background will be examined, especially to discover if there are crimes relating to injury or child endangerment, or crimes involving moral turpitude.
      4. There must be a petition filed in a court and a judge must approve and sign a final decree.
      5. Notification of the legal adoption and name change (when appropriate) will occur. After the final hearing, the adoption will be registered in Austin, and a new birth certificate will be issued.  The new parents will notify social security. In some cases, paperwork will be filed with U.S. Immigration or the Department of State and official documents such as “green cards” or passports will need to be reissued.   

       

      These steps can take a while to complete, even when all parties are in agreement and the adoption is a “simple” one.  In order to gain immigration benefits from U.S. citizen parents, children must usually be adopted prior to age 16 (there is one exception when adopting siblings). 

      If you are planning to adopt a child and have any deadlines (for instance moving to another state or country, travel outside the U.S., immigration deadlines) be sure to allow plenty of time for planning and completion by having an early legal consult with an adoption attorney who is familiar with your type of  case.

       

      Kalish Law Office has been serving clients in the areas of adoption for over 26 years.  www.kalishlawtexas.com  281-363-3700

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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