International Adoption Attorneys in Skokie
Navigate the Road Ahead with Gambacorta Law on Your Side
As a U.S. citizen, you may be able to adopt a child from a country abroad. Prospective adoptive parents must meet the requirements of both their home country and the child’s country of residence.
Adoption is also a judicial or administrative action that establishes a permanent parent-child relationship between a minor and an adult, terminating the parent-child relationship between the adoptive child and their biological parents. If you are considering international adoption or intercountry adoption, the legal status of your adopted child might be finalized in the United States or determined abroad.
At Gambacorta Law, we help prospective adoptive parents navigate the challenges of international adoption. We understand that there are a lot of hoops to jump through in this process. Our international adoption lawyers in Skokie can stand by your side from start to finish to ensure that everything proceeds smoothly.
Requirements for International Adoption
USCIS is responsible for determining the eligibility and suitability of prospective adoptive parents who are looking to adopt. USICS also determines the eligibility of the child to immigrate to the United States.
The requirements necessary to begin the process of international adoption vary depending on the adoptive parents’ country and the adopted child’s country.
There are, however, a few basic requirements that apply to all international adoptions: fulfilling USCIS’s requirements, satisfying the foreign country's requirements, and meeting the requirements of the state where the adoptive parent(s) live.
USCIS requires that parents who wish to adopt a child internationally must be:
- U.S. citizens
- At least 25 years old if unmarried
- Adopting the child jointly if you are married
- Suitable parents who can pass background checks, fingerprinting, and a home study
Who Can Be Adopted?
Intercountry Adoption is governed by three sets of laws: The US Federal law, the laws of the prospective adoptee’s country of origin, and the laws of you US state of residence.
Among the eligibility of a child to be adopted under International Adoption to the US include:
The child is under 16 years of age at the time the Form I-800 is filed on his or her behalf by the adoptive parent/s; or is below 18 years of age if the child is a sibling of a child previously or will be adopted by the same adoptive parents.
The child will be adopted by a married US citizen and spouse jointly, or by an unmarried US citizen at least 25 years of age. In both these circumstances, the prospective adoptive parent/s must be habitually resident in the US whom USCIS has found suitable and eligible to adopt, with the intent of creating a legal parent-child relationship.
3, The Central Authority of the child’s country of origin has determined that the child is eligible for intercountry adoption, and has proposed and accepted an adoption placement.
The child has not been adopted or placed in the custody of any other adoptive parent.
The child’s legal custodian irrevocably consented to the adoption, as when the parents are incapable of providing proper care for the child.
On the other hand, Orphans who may be adopted under the Non-Hague convention may be determined as eligible for adoption under the following conditions:
- The Orphan must actually meet the definition of Orphans under the U.S. Immigration Law.
The child must be under the age of 16 at the time the Form I-600 petition is filed o his or her behalf; or be under the age of 18 and a sibling of a child under the age of 16 who has been or will be adopted by the same prospective adoptive parent.
The child must either have no parents for reasons of death, disappearance, abandonment, or desertion by, or separation or loss from, both parents; or have a sole or surviving parent who is incapable of providing proper care for the child and has released the child for adoption and emigration.
The adopting parents must have completed a final adoption in the child’s country of origin or obtained legal custody of the child for the purpose of emigration and adoption in the United States.
The child has been, or will be adopted by a married US citizen and spouse jointly, or by an unmarried US citizen at least 25 years of age, with the intent of forming a legal parent-child relationship.
Avenues for Adopting a Child Internationally
There are a few different ways you can finalize an international adoption. The first avenue is the Hague Adoption. The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) is an international treaty designed to protect the best interests of all parties involved in an international adoption.
The second process of adopting a child from another country is to treat the adoption as a non-Hague Convention. This can only apply if the child is from a country that is not a party to the Hague Convention.
The third process of adopting a child from another country is the orphan route. This route applies to children adopted by U.S. citizens. The country you choose to adopt from will determine which process you will use to adopt.
Consult with Gambacorta Law Today
If you are interested in growing your family by adopting a child from a foreign country, you will want a trusted and knowledgeable immigration attorney on your side. The process you face is undoubtedly complex and best navigated with our Skokie international adoption lawyers in your corner.
Discuss your needs and goals with us today by calling (847) 443-9303.