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Although adoption procedures vary from country to country, most countries require that prior to any court action, a child placed for adoption 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. In addition, the adoption laws in most countries require the full adoption of the child in the foreign court after the child has been declared an orphan or released by the living parent to an appropriate foreign authority. Some countries do allow simple adoption, which means that the adopting parent(s) are granted guardianship of the child by the foreign court. This will permit the child to leave the foreign country to be adopted in the country of the adopting parent(s). A few countries do allow adoptive parents to adopt through a third party without actually traveling to that country. It is important to note that a foreign country's determination that the child is an orphan does not guarantee that the child will be considered an orphan under the U.S. Immigration and Nationality Act, since the foreign country may use different standards. Questions which involve interpretation of specific foreign laws should be addressed to a foreign attorney operating in the country where the adoption will take place. Some countries accept the properly authenticated home study of the prospective adoptive parent(s) at face value, while other countries also require a personal appearance by the adoptive parent(s) before the foreign court. Sometimes, countries require a period of residence by one or both adoptive parents. In these cases, prospective adoptive parents may find it necessary to spend an extended period of time in the foreign country awaiting the completion of the foreign adoption documents. Additionally, several countries require a post-adoption follow-up conducted by the adoption agency or the foreign country's consul in the United States.
The consular section will schedule the final visa interview once all the required documents have been provided and the file is complete. This documentation includes:
Questions concerning legal custody or proper documentation for the child must be resolved in accordance with the law of the country of the child's nationality or residence. Since requirements vary from country to country, the consular section can be helpful in explaining requirements in their local area. Nevertheless, the adoptive parent(s) or the adoption agent is responsible for meeting these requirements. As explained earlier, the child's ability to qualify for an immigrant visa as an orphan is determined by U.S. law. An adoption by a court decree or comparable order by a competent authority does not automatically qualify a child for an immigrant visa for entry into the United States.
While the physician conducts the medical examination, the consular officer must complete the I-604 Report on Overseas Orphan Investigation. This report consists of a review of the facts and documents to verify that the child qualifies as an orphan. In addition, the consular officer ensures that the adoptive parents are aware of any medical problems which the medical examination may have uncovered. Only when this report is completed, can the consular officer finally approve the I-600 petition in those cases where the I-600 has not already been approved by INS. (Note: the I-600 petition can be filed overseas if at least one of the U.S. citizen adoptive parents is physically present and if INS has already approved an I-600A application).
National Adoption Organizations and Parent Support Groups *National Adoption Information Clearinghouse (NAIC) |
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