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.
