KalishLawTexas' legal blog The Woodlands

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16 Jan 2012

DNA Testing for Family Law and Immigration Cases - Strict Standards
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DNA testing is sometimes used in paternity, adoption and immigration cases.
Here are some reasons that DNA testing may be used and who may request the test:

1. In a traditional paternity case: As evidence of the identity of the biological father

a. requested by the biological mother in order to enforce the duty of care and child support; or

b. requested by the biological father who wants to enforce his rights to the child and be allowed to be part of the child's life; or

c. by an alleged father who knows or suspects that he is not the true biological father and does not want to have rights to the child or a duty to support him/her; or

d. ordered by a court as evidence in the case.

2. In an adoption:

a. to prove that a child is truly the offspring of one or both biological parents when the biological parent(s) are consenting to an adopiton (especially in international adoption cases).

b. to prove that someone is NOT a parent of the child about to be adopted and therefore does not have to agree to the adoption

c. to comply with international, federal immigration, or state law in an international adoption as part of the evidence in the file and part of procedural requirements

3. In immigration law:

a. to prove that a person is truly the offspring of an alleged parent who is petitioning for them with the immigration service

b. to prove identity of a person by objective, scientific evidence

In both international adoption and immigration cases there are very strict guidelines about which labs may process the tests and how and when the tests should be done. In other family law cases it may be possible to use tests as evidence which were obtained prior to the case being filed (but this is not always true). In order to prevent delays in your case it is always best to seek legal advice and be certain that you are using a lab which is reputable and approved by the governmental agency or court that is involved in your case and that all proper procedures are followed.

Kalish Law Office 281-363-3700 Family and business law since 1984. The Woodlands, Texas.
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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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KalishLawTexas' legal blog The Woodlands

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16 Jan 2012

DNA Testing for Family Law and Immigration Cases - Strict Standards

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10 Oct 2011

International Adoption: Proving U.S. Citizenship for Adoptees

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26 Feb 2011

Completing Your Child's Foreign Adoption in Texas

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