International Adoption : Child's Eligibility, Bring Your Child Home

by Child Welfare Information Gateway

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STEP 5: Make Sure Your Child Meets Eligibility Requirements

What You Should Know

A few months to a year or more after completing the required paperwork, your family will be matched with a specific child for possible placement. This process varies greatly depending on the country and agency (or lawyer) involved. In a few countries, families will be directly involved in this step by visiting orphanages and viewing photolistings of waiting children when traveling to the country from which they seek to adopt a child. Waiting to be matched with a child is one of the hardest and most unpredictable parts of the adoption process.

When a specific child is identified, you will receive a referral (a packet of information about the child). This packet usually includes the child's picture and information on the child's health and history. In the case of an abandoned child, medical information and history may be limited to the period of time since the child's placement in the orphanage or institution. You will have a period of time to review the information and decide whether you can meet this child's needs. Ask your agency or doctor any questions you have before you accept the placement. Take as much time as you need to feel comfortable with your decision, paying particular attention to the information related to the child's orphan status and health. It is better to stop the process prior to meeting the child if you are unsure that you can make him or her a part of your family. Be sure to focus on the following information during your review of the referral packet:

Orphan status. Because foreign adoption laws vary, it is possible in some countries to adopt a child who does not qualify as an orphan under U.S. immigration law. However, a U.S. visa will not be issued to children who do not meet the requirements. All children adopted abroad require an immigrant orphan visa to legally immigrate to the United States. Discuss any questions about the child's status with your adoption agency or lawyer.

Health information. Many factors influence the health of children waiting for adoption in other countries. Children often have health conditions that are common in developing countries but can be prevented or easily treated in the United States. Children's health also can be affected by living in institutions. The University of Minnesota's International Adoption Clinic website provides information about the health of children adopted from other countries.

The type and quality of available medical information will vary depending on the country. Reputable agencies will give you as much information as possible about a child's background and medical history, but they cannot guarantee the information is accurate or complete. A doctor familiar with intercountry adoption can help you understand the information you receive about the child's health and development. The American Academy of Pediatrics provides a State-by-State directory of pediatricians with a special interest in adoption and foster care medicine. Prospective adoptive parents who plan to make two trips to the child's country might make a video of the child on the first trip and ask a doctor to evaluate it. If you have any questions about the child's medical condition, ask your agency or lawyer for more information.

After you decide your family can meet the needs of a specific child, you must submit Form I-600, Petition to Classify Orphan as an Immediate Relative, to ensure the child is eligible for intercountry adoption. After receiving your Form I-600, the consular officer in the U.S. Embassy or Consulate or the USCIS officer in the child's country will conduct an investigation to make sure your child meets the USCIS definition of an orphan. This can take some time. Some families may wait longer than others. Waiting for final approval for a specific child can be one of the hardest parts of the adoption process for families.

During the investigation, your child also will visit a doctor approved by the U.S. Embassy in the child's country to detect any medical condition that would affect eligibility for a visa. Once the orphan investigation and medical exam are successfully completed, the consular officer will issue an orphan visa. The type of orphan visa your child receives will depend on whether both parents (if applicable) saw the child before or during the adoption process and whether the adoption was finalized in the child's country, according to U.S. immigration requirements

STEP 6: Bring Your Child Home

What You Should Know

The legal adoption or guardianship process begins after you accept a referral for a specific child. In some countries, families are required to travel to the child's country of origin to finalize the adoption in the foreign court. In others, guardianship of the child will be transferred to the prospective adoptive parents or to their agency, but they must finalize the adoption in U.S. courts to fulfill USCIS requirements. Talk to your agency or lawyer about what you must do.

Even if the trip is not required, experiencing your child's country of origin firsthand can give you a deeper understanding of what his or her life was like before joining your family. Traveling with a group of other prospective adoptive parents can help you form supportive relationships with other adoptive families that can last for years. Families who have traveled to another country to complete an adoption have identified both advantages and disadvantages.

About the Author

www.childwelfare.gov
Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.