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Intercountry adoption may be a more viable choice than domestic adoption for many families, especially those who want to adopt a healthy infant. However, the process can be complex and expensive. Like domestic adoptions, costs and waiting time can vary significantly. Costs can range from a low of $8, 000 to a high of $25, 000 or more, depending on the country and the child selected. The waiting time for intercountry adoption, including the home study and Immigration and Naturalization Services (INS) approval process, can take from 1 to 3 years, depending on the country and child chosen. Prospective adoptive parents must proceed carefully and be thoroughly involved in every step of the process.
The information presented here is designed to help prospective adoptive parents through this process. While some of the procedures discussed such as immigration procedures are standard for all intercountry adoptions, others will vary by agency. In addition, requirements described for a married couple may vary for single parents.
Selecting an Agency
When seeking to adopt a foreign- born child, it is advisable to use a reputable adoption agency with experience in intercountry adoption. Although the quality can vary, adoption agencies are regulated by State governments. Other sources of adoption are rarely regulated. While independent intercountry adoptions are possible, the risks are numerous. These risks include involvement in the black market; loss of confidentiality, infringements upon the child's rights to pnvacy and permanency, lack of full health information; incomplete or flawed legal processing, inadequate counseling and outright fraud. The most tragic risk of not using a regulated agency is that the child may not meet the legal definition of an orphan and might not be permitted to immigrate to the United States. It is crucial to remember that, regardless of the involvement of an adoption agency or other processing assistance, you are ultimately responsible, financially and legally, for any decisions or commitments you make or accept.
Many private agencies arrange intercountry adoptions. Public social service agencies do not. While most private agencies are reputable, there are some that are not, and it is important to select an experienced, licensed one. While the National Adoption Information Clearinghouse (NAIC) National Adoption Directory provides the names of agencies licensed at the time of publication, it is essential to obtain additional information about the agency. First, be sure the agency is still licensed by the State. The licensing specialist in your State department of social services can provide this information. Then talk to members of adoptive parent support groups in your community to obtain references on the various agencies. You may want to consider working with a local agency or a large national agency; the latter may have access to more children. Some agencies have contacts with foreign adoption programs, institutions, and/or lawyers, while others can only do a home study and process the paperwork in the United States.
When you have obtained the names of several agencies, call them and ask about their services. Determine whether they conduct their own home studies, which countries they work with, the requirements for applicants, and the fees. You can ask for their written materials and references from past clients. Attend as many different orientation meetings as you can while continuing to ask other adoptive parents about their experiences. Consider not only the range of services the agencies offer, but also their client satisfaction and your level of confidence and comfort with their staff. Then choose one agency and apply to it.
Most agencies have some minimum requirements for prospective parents. For instance, some agencies will only work with married couples, while others will place children with single parents. Some agencies have additional requirements relating to age, income, and infertility. In some cases, these are the requirements of the child's country of origin. Some agencies will perform home studies, find and refer the child, and assist with immigration procedures. Others do not perform home studies, but provide the remaining services.
Usually, there is a nonrefundable fee of approximately $50 to $100 due with the application. If your application is accepted, you will probably be asked to sign a services agreement. Most agencies will not allow clients to work with more than one agency at a time. There is usually a grace period of several days after acceptance during which you can withdraw your agreement.
The First Steps
Once you have arranged to work with an agency, an agency social worker will be assigned to your case. He or she will explain policies, procedures, and reimbursement requirements. If you have not already obtained the information on source countries, the social worker will provide it at this time. Your particular requirements, and a general time frame for fulfilling them, also will be discussed.
At this point, you may be required to pay the initial installment of the adoption agency fee. Most agencies will charge a fee for the overall provision of services. Many will prorate this according to your income. Most agencies also will allow you to pay fees in installments due at particular points during the adoption process. The agency fee can range from $1, 500 to $5, 000, with most costing $2, 000 to $3, 000 This may or may not cover the costs of the foreign program fees and foreign adoption process, the expenses for document processing here and abroad, INS fees, or travel expenses for you and your child. All these expenses are discussed in appropriate sections of this factsheet. It is to your benefit to find out what fees, if any, are refundable if you withdraw from the adoption process or the agency withdraws its services at any time after the service agreement is signed.
The first step in the adoption process is a home study conducted by an agency. A home study consists of a series of interviews with a social worker. The social worker will help applicants think through their capacity to adopt a child, especially one from a different culture. Social workers want to be sure that a person or couple can provide a safe and nurturing environment for a new child. A home study is usually completed in a few months, depending on the agencies requirements and the number of applicants. The final, approved home study documents your suitability as adoptive parents and provides a description of the prospective home to the foreign source. When a home study is approved, your case is assigned to a particular foreign adoption agency, orphanage, institution, or private attorney. If not required earlier, the first installment of the agency fee may be due now. For more information on home studies, consult the NAIC publication "The Adoption Home Study Process. "
Child Health Considerations
There are many factors to consider when deciding to adopt a foreign child. Foreign children, especially those beyond infancy, have been exposed to social and physical influences that may be very different from yours. The choice of source country often depends on the availability of children, the country's minimum requirements, costs and time involved, and to an extent, the health and social practices prevalent in the country.
Certain health risks are inherent when adopting foreign children. Their home countries are often poor and underdeveloped. Some children may have experienced poor prenatal care, earty neglect, and a lack of health care services.
Many diseases and health problems that have been virtually eliminated in the United States are still common in other countries, including malnutrition, parasites, minor congenital defects, tuberculosis, and hepatitis-B. Although a reputable agency will provide prospective parents with as much information as possible on a child's background and medical history, no agency can guarantee the accuracy or completeness of the information provided due to the nature of recordkeeping in many source countries. Many times the child has not been immunized. The birth parents' medical histories, including any inheritable diseases, are not always known. Sometimes the child's exact age is not even known.
You should review the child's medical report carefully, taking into consideration that medical evaluation (including laboratory testing facilities) overseas may not be up to U. S. standards. If you have any doubts about the child's medical condition, particularty the possibility that the child may be HIV-positive or have AIDS, you may wish to request that the child be examined by a "panel physician. " A panel physician is a physician used by the U. S. embassy or consulate for required immigrant visa medical examinations. Panel physicians generally have the highest level of medical knowledge that is possible in a foreign country. This examination will ensure that the child is free of diseases or signs of serious retardation. If any significant illness or disability is discovered, you will be provided with information on the condition. You then will have the opportunity to decide if you still want to adopt the child.
Despite this precaution, certain conditions, such as any learning disabilities and the delayed effects of early neglect or lack of prenatal care, can only be gauged or even identified over time. This is a particular concern for those adopting an infant or very young child. For those adopting an older child, a psychiatric evaluation can help determine any emotional or mental problems due to early trauma, neglect, lack of permanent home, or abuse.
Certain agencies place children with special needs, meaning those with physical problems, older children (usually over 6), or the mentally disabled. While the INS may not accept pensions for these children as readily, it has accepted them in the past. In many cases you may be eligible for reductions in agency fees if you are willing to adopt a child with special needs. Some agencies will ask you to list acceptable handicaps or conditions, including tuberculosis, club feet, eye conditions, polio, speech problems, hyperactivity, diabetes, and delayed development, among others. If not asked, you should inform the agency early in the adoption process if you are willing to adopt a child with special needs.
Compiling Documents
While the home study is being conducted, you will need to compile a variety of documents for submission to the agency. These documents will probably be needed for the home study and the document dossier for the foreign court. The required documents usually include, but are not limited to, the following
If required by the foreign country, the agency (or you) sends these documents, along with the completed home study, to your county clerk, the appropriate State-level agencies, the U. S. Department of State, and the appropriate foreign consulate to be authenticated. These documents are then translated, if necessary, and sent to the foreign source or institution, and you are entered on an appropriate waiting list.
At this point, the fee for services provided by the foreign agency and payment for other expenses incurred in the foreign country may be due. These can vary widely, depending on the source country, ranging from $500 to $8, 000. The average is approximately $5, 000. Like the stateside agency, the foreign program may accept payments in installments.
Filing With Immigration
Once you have been selected by an agency for a foreign program, it is necessary to file a petition for approval to adopt a foreign orphan. The petition, called the I 600A, Application for Advance Processing of an Orphan Petitions should be filed with your nearest INS office. If you are resident in the United States, this petition must be approved before an adopted child can immigrate to the United States. INS publishes a helpful booklet that explains more about the I- 600A entitled "The Immigration of Adopted and Prospective Adoptive Children, " publication M-249, which you can request either from your adoption agency or from your local INS office.
Your adoption agency is generally responsible either for filing the I 600A on your behalf or assisting you to file it. To file your I 600A, you will need to provide your fingerprints on form FD-258 and your approved home study. Married couples must submit proof that at least one applicant is a U. S. citizen, proof of their marriage(s), and documentation of any previous divorce(s). Single adopters must also submit proof of their U. S. citizenship and of any previous marriages or divorces. INS will determine if you can properly care for an adopted child. Upon approval from INS, you will be sent Form I-71H, "Notice of Favorable Determination . "
Concerning Application for Advance Processing of an Orphan Petitions
You also should request that notice of this approval be sent to the U. S. embassy or consulate in the country in which you plan to adopt the child. Your I 600A petition approval will remain valid for a year from the date of approval. It can generally be easily extended upon the submission of a brief addendum to your home study.
Child Location
When your I 600A petition is approved, there is no guarantee that the petition for a particular child will be approved. Approval for a particular child depends upon the child's status as an orphan according to the definition in the Immigration and Nationality Act (INA) and, to some extent, upon the child's medical status. The INS publication M-249 referenced above explains in detail the INA orphan qualifications.
As a child becomes available for adoption in a foreign country, he or she is matched with prospective parents who can best meet that child's needs. The more flexible you are in terms of the country from which you adopt, the age of the child, and the medical status of the child, the faster you can be matched with a child. It is also important to have a good understanding from your adoption agency of the status of foreign adoption in the country in which you are interested and of how long it will take for the adoption to be processed. An excellent source of information is the Department of State's Office of Citizens' Consular Services. You may telephone this office at (202) 647- 3666 for information on foreign adoption laws and the status of adoption in those countries in which you are interested. Simply identify yourself as a prospective adoptive parent and ask to speak to the officer who handles those countries.
If a child is offered for placement, you should request all available information, especially information concerning the child's health and orphan status. Both pieces of information are vital to making a good decision as to whether this child is appropriate for you to adopt. If you have any questions concerning the child's health or orphan status, clarify them prior to committing yourself to the placement or initiating the adoption or guardianship process. You should never let an agency pressure you into committing to a placement if you do not feel you have sufficient information or if you feel you have been rushed into making the decision.
If you have not paid the final installment of the agency fee, it may be due when you accept the child. The fee for foreign expenses, or at least the fee to the foreign program, may also be due at this time, if it was not already paid. In some programs, once you accept the placement, you are responsible for the cost of the child's care in a foster home or orphanage and medical expenses in the foreign country. The cost of foster care can vary widely and can be quite high. To protect yourself from financial exploitation and to be assured that the child is receiving the benefit of the funds you provide, you may wish to request that your adoption agency provide you with a breakdown of the foster care/orphanage expenses and some proof that the funds are actually being disbursed to the institution/individual caring for the child.
The Legal Adoption Process
Once you accept the child, the process allowing you to adopt the child can begin. Some countries will allow adoption of a child without the prospective adoptive parents' physical presence. If a couple is adopting, the country may require only one member of the couple to be present to conclude the foreign adoption. Other countries' laws do not permit foreigners to adopt a child, but rather, grant you guardianship of the child with permission to remove the child to the United States for subsequent adoption. In order to accomplish the adoption or guardianship, you may have to give power of attorney to a foreign lawyer who will represent you in court during these proceedings. The fee for this is usually part of the foreign program fee. Your adoption agency and/or your foreign attorney also can assist you in securing a passport for the child to enable travel to the United States.
Foreign courts generally require information from prospective adoptive parents similar to that which is required to file a petition for the child. Usually there must be proof of the child's identity, proof that the child is an orphan or otherwise available for adoption or guardianship under the laws of that country, and proof to the court's satisfaction that the prospective foreign adopters would make acceptable adoptive parents. There also needs to be evidence that the government of the prospective adoptive parents has cleared them to adopt in that country.
Adoption/guardianship laws in foreign countries vary widely and do not always conform to the equivalent procedure in U. S. courts. It is wise to learn in as much detail as possible the steps and requirements of the foreign country for the adoption/guardianship process. It is essential that you ensure that the child you are adopting or gaining guardianship of in a foreign country will meet the INA definition of an "orphan. " Since foreign adoption laws vary it is possible in some countries to adopt a child who does not qualify as an orphan under U. S. Law.
When you have legally adopted the child in a foreign court or a foreign court has given you guardianship of the child and permission for the child to emigrate to the United States, you must then file INS form I- 600, "Petition to Classify an Orphan as an Immediate Relative. " You must file an individual I 600 petition for each child you plan to adopt. Your I- 600A approval should already be on file in the U. S. embassy or consulate in the country in which the child resides. This should be verified, and you should ensure that it is on file there prior to your filing an I 600 petition.
You may file your I 600 petition either in the United States with your local INS office or at the U. S. embassy or consulate in the country in which the child resides. If your guardianship or adoption process does not require your physical presence and you are not planning to escort the child to the United States yourself, you may find it more convenient to file the I 600 petition with your local INS office. If your physical presence is required overseas to process the adoption or guardianship or you wish to escort the child back to the United States yourself, it may be more convenient to file the petition with the U. S. embassy or consulate in the country where the child resides.
In both cases, no matter where you file the petition, you will need to present information similar to that which you presented to obtain the child's adoption or guardianship. You must present acceptable proof of the child's identity, such as a birth certificate, national identity card, or passport. Acceptable forms of identity may depend upon the state of civil documentation in the country and/or the child's age and circumstances of orphanhood. Next, you must present proof of the child's orphan status. In general, such proof can consist of (1) proof that both parents have died, such as their death certificates; (2) proof that a court of competent authority declared the child abandoned or severed the biological parent(s) ties by declaring the child a ward of the State; or (3) proof that the child has been irrevocably relinquished to an orphanage by biological parent(s). Finally, you must present proof that a court of competent authority has granted you guardianship of the child or that such a court finalized your adoption of the child.
Regardless of whether a petition is filed with your local INS office or at a U. S. embassy or consulate overseas, the Department of State Consular Officer who adjudicates the child's immigrant visa application is required to conduct an investigation, called the "I-604 Orphan Investigation, " prior to issuing immigrant visa for the child. The purpose of this investigation is two-fold: (1) to verify the orphan status of the child and (2) to ensure that the child does not suffer from a medical condition of which the adoptive parents are not already aware and willing to accept. As a part of the immigrant visa application process and the I 604 Orphan Investigation, the child will be examined by a U. S. - approved foreign physician, the "panel physician" referred to under the Child Health Considerations section above.
There are two immigrant visa categories for foreign orphans. The IR-3 (IR stands for "immediate relative") denotes a child adopted overseas under the following two conditions: (1) the adoptive parent (if a single parent) or parents (if a married couple) saw and observed the child prior to the adoption and (2) the foreign adoption bestows upon both adoptive parents and child the same rights, responsibilities, and privileges as would an adoption in the United States. Children who are issued IR-3 immigrant visas do not, under federal laws, require readoption in the United States.
The other orphan immigrant visa category is the IR 4 category, which denotes a child coming to the United States for adoption. An IR-4 visa is issued to a child under the following circumstances: (1) the foreign country's laws only permit the adoptive parents to obtain guardianship of the child, not adopt the child in that country and (2) the prospective adoptive parent(s) did not see and observe the child prior to the adoption process. In this instance, for a married couple, both spouses must see and observe the child prior to the adoption. Also in this instance, the foreign adoption does not meet the U. S. equivalent requirements of severing biological parent(s) ties and/or ensuring that both the adoptive parents and child have the same rights, responsibilities, and privileges. Children who have been issued IR-4 immigrant visas must be adopted or readopted after they enter the United States. Your adoption agency should be able to tell you what kind of a visa your child will receive.
There is no way to predict exactly the length of the wait at each stage. To some extent, this depends upon the general availability of children and how long the legal processing takes in the foreign country. In addition, it is important to realize that your specifications can influence how long you have to wait for a child: the more particular you are about age, sex, health background, and general history, the longer you will have to wait.
According to estimates made by one agency with contacts in Asia and North and South America, the length of a wait for a child is usually between 6 and 18 months, and averages 12 months. Once a child is found, the length of time necessary for processing in the country of birth varies due to bureaucratic procedures, changes in laws, political upheavals, etc. If you live in a State that mandates State approval of the child's documents before the INS approval of the visa, this can also lengthen the wait.
In an article on surviving these stressful periods, Deborah McCurdy suggests the following strategies:
After a successful postplacement period during which agency staff will monitor the child's adjustment in your home, the agency will write a recommendation for adoption to be filed with the court. It is generally recommended to have a knowledgeable attorney coordinate the adoption process. In any case, the agency recommendations, if any, the child's documents, proof of at least one parent's U. S. citizenship, proof that the child was under 16 when adopted, and a petition to finalize adoption must be filed in your local juvenile or family court. The adoption process in your State can take several months. Hiring an attorney may expedite this, and most agencies are also willing to help you complete the process.
Adoption does not confer U. S. citizenship on your child. Therefore, you must take steps to naturalize the child. If your child entered the United Sates in the IR-3 immigrant visa category, you may begin the naturalization process immediately. If the child entered the United States in the IR-4 immigrant visa category, you must adopt/readopt the child prior to proceeding with the naturalization. The child will be naturalized by INS, which has developed a shortened procedure for naturalization under these circumstances in which a formal court hearing is no longer required. In this procedure, the parent files INS form N. 600 or a modified version N600K, the parent and child are interviewed, and the oath of allegiance is sworn. A certificate of citizenship is then mailed to the family.
After the child has been naturalized, you may wish to consider applying for a U. S. passport for the child. While this is not a legal requirement, in the case of an adopted child, a U. S. passport not only proves the child's citizenship and identity, it is also more convenient to present than a naturalization or citizenship certificate. A U. S. passport application also creates citizenship records that are far more easily available than the child's naturalization records.
Most adoption agencies mandate counseling and supervision for client families for a certain amount of time--ranging from 6 months to 3 or more years after the child has been placed. The purpose of this service is to provide counseling for the new family, monitor the development and integration of the child in the new home, and provide parents with information and referrals if necessary. Most foreign countries also require postplacement supervision for 6 months to 2 years to ensure that the child has been well-placed and is receiving adequate care and love. For this reason, your agency may ask you to furnish photographs, written reports, and medical reports, so they can be sent to the foreign country. As part of postplacement, many agencies have organized support groups for new adoptive parents. If your agency does not have such a group, it may be able to refer you to one in your community.
Tips for Singles
If you are single and you have started investigating adoption in general, you have found that your choices are somewhat limited. Intercountry adoption, however, is often a good alternative. A number of countries accept single applicants and have infants and young children available for adoption. Although adoption laws can change, countries that have a history of permitting singles to adopt include Brazil, India, El Salvador, Honduras, Peru, and Bolivia. The volatile nature of the governments in these countries makes it difficult to know, with certainty, what the adoption policy will be over a long period of time.
Betsy Burch, Director of Single Parents Adopting Children Everywhere (SPACE), a Massachusetts support group, thinks that singles should consider adopting siblings. "If you want more than one child, and you want both children from the same country, you may want to adopt them at the same time" she says. In doing this, you will not have to deal with the very changeable international adoption scene, where a country may accept single adopters one year and close their doors the next year. It may also speed the process, since countries are eager to keep families intact and will let you adopt, for instance, an infant with his 8 year-old brother. The Committee for Single Adoptive Parents at P. O. Box 15084, Chevy Chase, MD 20825 can provide a listing of adoption agencies that will work with singles to locate a foreign child or children.
Conclusion
To help you determine whether you are truly interested in pursuing intercountry adoption, an experienced intercountry adoption agency, Holt International Children's Services of Eugene, Oregon, has devised a series of questions and comments for prospective adoptive parents to consider. They deal with issues of race (since many of the children are of Asian, Indian, or African heritage) and of your motivation for adoption. You also might try to find people who have adopted children from abroad and meet their children. You could attend parent group meetings where children accompany their parents or look at photographs of children from other countries. A child from Chile looks different from an Indian child or a child from El Salvador. This way you could see if this type of adoption "feels right" for you. Like other kinds of adoption, intercountry adoption can be expensive, complicated, and fraught with uncertainties. However, by being well- informed, maintaining a strong commitment, and working with a good agency, you will accomplish all that is required, and your dream of adoptive parenthood can be fulfilled.
This article was written by Lisa O'Rourke and Ruth Hubbell with substantial contributions by Sherrell Goolsby, Executive DirAr, Lutheran/World Child, Washington, DC, July 1988. New material was added in June, 1994, by Debra G. Smith, Director, NAIC
This material may not be reproduced and distributed without permission, however, appropriate citation must be given to the National Adoption Information Clearinghouse.
National Adoption Information Clearinghouse
P. O. Box 1182
Washington, D. C. 20013-1182
(703)
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