International adoption is complex because the laws of different countries may vary. However, the United States law is same for all countries. Prospective adoptive parent(s) must fulfill the requirements set by the USCIS, the foreign country in which the child resides and sometimes the state of residence of the adoptive parent(s). Close scrutiny is made to protect the child, the adoptive parent(s) and the birth parent(s).

We have summarized the entire process below and additional information is available under FAQ:

1. Identify the child, although there are some situations in which a prospective adoptive parent can obtain pre-approval before the actual child is identified.

2. Obtain USCIS approval :.

a) Child Identified: A I-600 application is filed with the appropriate office of the USCIS in the United States. The USCIS adjudicates all aspects of the I-600 petition, including the suitability of the adoptive parent(s), compliance with any state pre-adoption requirements (if the child is to be adopted after entry into the United States), and the qualifications of the child as an orphan. When the petition has been approved, the USCIS notifies the U.S. embassy or consulate that processes visas for residents of the child's country. At the same time, the approved I-600 petition and supporting documents are sent to the National Visa Center in New Hampshire, where the petition is assigned a computer tracking code and then mailed to the appropriate U.S. consular office abroad.

b) Child not identified yet or intend to go abroad to locate the child: A I-600A petition is filed. The procedures are then similar to the process associated with the I-600 application. When the application is approved, notification is sent to the adoptive parents and to the appropriate U.S. mission in the country where the parents have indicated they would like to adopt. Once the parents have located a specific child, they must file the I-600 application.

The parents may file the I-600 petition either with their local BCIS office in the United States or with the BCIS or U.S. consular office overseas. Although only one parent must be physically present to file the I-600 petition overseas, that parent must be a U.S. citizen. A third party may not file the petition on the parents' behalf, even with a valid Power of Attorney. In addition, if only one of the two parents travels, the petition must be properly executed by both parents. This means one parent cannot sign for the other parent and neither parent may sign the petition until all the details about the child have been entered on the form. The traveling parent can, however, use express mail service to obtain the other parent's signature.

The Foreign Adoption Process:

Although adoption procedures vary from country to country, most countries require that prior to any court action, a child placed for adoption must be legally recognized as an orphan or, in the case where a parent is living, be legally and irrevocably released for adoption in a manner provided for under local foreign law.

Visa to enter United States:
When the foreign adoption (or guardianship process in those countries that allow guardianship) is completed, the adoptive parent(s) can apply for an immigrant visa (IR-3 for a child adopted abroad or IR-4 for a child to be adopted in the United States) at the appropriate U.S. consular office abroad. Final authority to enter the U.S. rests with the BCIS at the port of entry.

Medical Requirements for Visa:
Another visa requirement is the medical examination of the child by a designated physician. The U.S. embassy or consulate must approve the physician conducting the examination. The medical examination focuses primarily on detecting certain serious contagious diseases or disabilities that may be a basis for visa ineligibility.

U.S. Citizenship for the Adopted Child:
On February 27, 2001, the Child Citizenship Act of 2000 became effective. This law, among other things, facilitates the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth.

The Act's requirements are:

1. At least one parent of the child must be a U.S. citizen, either by birth or naturalization.

2. The child must be under the age of 18.

3. In the case of an adopted child, the adoption must be final.

For additional information and procedures please contact us at info@passintl.com