More and more Americans are creating families
by adopting children from foreign countries.
In 1997, 13,620 foreign-born children were
adopted by U.S. families. Overall, Russia
was the greatest source for intercountry adoptions,
followed in descending order by China, Korea,
Guatemala, Romania, Vietnam, India, Colombia
and the Philippines.
Intercountry adoption may be a viable alternative
to domestic adoption for many families, especially
those who want to adopt an infant. However,
the process can be complex, paperwork-intensive,
and expensive. Like domestic adoptions, costs
and waiting time vary significantly depending
on the country and child chosen. Costs can
range from a low of $12,000 to a high of $30,000,
although most intercountry adoptions average
between $15,000 and $20,000. 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. Special needs adoptions may have
lower fees and waiting periods.
The information presented here is designed
to help prospective adoptive parents through
the detailed process of adopting a child from
abroad. While some of the procedures discussed
- such as immigration procedures - are standard
for all intercountry adoptions, others will
vary by source country or by agency.
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 service quality can vary, adoption
agencies are regulated by state governments.
Non-agency intercountry adoptions are rarely
regulated and pose many risks, including involvement
in the black market, loss of confidentiality,
infringements upon the child's rights to privacy
and permanency, failure to meet INS guidelines
required for immigration, inadequate health
information, incomplete or flawed legal processing,
insufficient counseling, and outright fraud.
Regardless of the involvement of an adoption
agency or other processing assistance, you
are ultimately responsible, FINANCIALLY AND
LEGALLY, for any commitments you make.
There are hundreds of licensed private agencies
that arrange intercountry adoptions; public
social service agencies do not do intercountry
placements. You can shorten the agency selection
process by checking out which source countries
have stable political situations and well-established
adoption processing mechanisms in place with
governmental oversight. The U.S. State Department's
web site at http://travel.state.gov/family/adoption/intercountry/intercountry_473.html
can be a starting point for identifying those
countries since it provides a country-by-country
guide to adoption processing in more than
sixty countries. In general, the fewest international
adoption scandals have occurred in countries
when the government has centralized authority
over adoption processing. Adoption fees tend
to skyrocket in countries where there is little
governmental oversight and many non-governmental
intermediaries involved throughout the adoption
process.
Once you have narrowed down the countries
in which you would like to adopt, you can
then contact agencies working in the particular
country. Evaluate the advantages and disadvantages
of working with a large, national agency (which
may have larger numbers of children to place
and longer waiting lists of applicants) versus
working with a smaller, local agency (which
may have fewer children to place but shorter
waiting lists). Evaluate the agency's accessibility
and past working relationships with applicants.
Once you have a list of agencies, call them
to ask about their services. Some agencies
have contracts or 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. Look carefully
at the agency's relationship with its foreign
contact and evaluate the foreign contact's
proven track record over time.
While most private agencies are reputable,
some are not, and it is vitally important
to select an experienced, licensed one. First,
call the state licensing specialist to verify
that the agency is licensed and find out if
complaints have been filed against the agency.
In some states you can arrange to review complaint
files. Then, check with the state's Office
of the Attorney General, again to check to
see if there are complaints on file. If you
can, talk to members of adoptive parent support
groups local to the agency to check their
reputation. You can call us or Adoptive
Families of America (NOTE: Adoptive
Families of America went bankrupt in 1999.
The only thing that survived was their magazine
which was purchased by another organization.
They may or may not be able to provide the
info. referenced in this factsheet. Comment
added by Adoptions.com 2001) at
(800) 372-3300 for lists of adoptive parent
groups in each state. You can also check the
Better Business Bureau local to the agency
(check www.bbb.org
to obtain a contact phone number) to see if
complaints have been lodged against an agency.
Most agencies have some minimum requirements
for prospective parents (often related to
marital status, age, income, and perhaps infertility).
In some cases, agency restrictions reflect
the laws of the child's country of origin
or requirements of the agency in that country.
Inquire about applicant restrictions to ensure
that you are eligible to adopt with the agency's
programs.
Determine whether the agency conducts their
own home studies, which countries they work
with, how many children they place, their
requirements and fees, and what types of postplacement
services they provide. Request written materials
and references from past clients. Ask agencies
to provide an itemized list of expenses and
fees -- keeping in mind that some costs cannot
be predicted, such as travel expenses. If
possible, attend orientation meetings at all
agencies that interest you, 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
the agency that best meets your needs. Most
agencies do not allow applicants to work with
more than one agency at a time.
Once you have arranged to work with an agency,
the agency will assign a social worker. The
social worker will discuss your preferences,
provide information on source countries, and
explain the agency's policies and procedures.
At this point, you may be required to pay
the first installment of the adoption agency
fees. Some agencies will prorate their charges
according to your income. You should avoid
programs where you are required to pay all
the fees in advance. Most programs have a
fee payment system which allows payment as
services are rendered. Find out what fees
are refundable if you withdraw from the adoption
process or the agency withdraws its services
after a service agreement is signed.
Every adoption requires a home study, which
involves a series of interviews with a social
worker or group sessions with other applicants.
The home study helps applicants think through
their desire and ability to adopt a child
from another culture. The social worker wants
to ensure that you will provide a safe and
nurturing environment for a new child. A home
study is usually completed in a few months.
The final, approved home study documents your
suitability as adoptive parents and provides
a description of the prospective home to the
foreign source. Home study fees vary from
$750 to $5,000 and may or may not be included
in the overall fee. When a home study is approved,
your case is assigned to a particular foreign
adoption agency, orphanage, institution, or
private attorney.
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Child Health Considerations
Certain health risks are inherent when adopting
foreign children. Generally, children come
into care because of abandonment, poverty,
illness or death of parents, or family dysfunction
(including alcoholism, drug abuse, child abuse
and/or neglect). Children may have experienced
poor prenatal and/or postnatal care, early
neglect, and a lack of health care services,
including immunizations. Specific health problems
may include malnutrition, parasites, minor
congenital defects, developmental delay, tuberculosis,
hepatitis (A, B, or C), and HIV/AIDS.
Reputable agencies will provide prospective
parents with as much information as possible
on a child's background and medical history;
however, they cannot guarantee the accuracy
or completeness of this information. Medical
evaluation (including lab testing) in developing
countries does not match U.S. standards. The
birth parents' medical and genetic histories
are not always known, especially for abandoned
children.
Most foreign countries have developed child
welfare systems but most struggle to provide
a minimum standard of care for dependent children.
Children who spend formative early periods
or many years in large institutions with few
caretakers will usually show the effects of
lack of stimulation and institutionalization.
In institutions, it is the strong children
who survive. It should be noted that some
children exhibit remarkable recovery from
developmental delays after they have proper
nutrition and medical care and are in a family
setting. Some children show long-term delays
and will require rehabilitative therapies
to help correct the damaging effects of institutionalization.
Loving care notwithstanding, other children
who have suffered prolonged neglect and abuse
in orphanages may require expert help over
long periods.
You should educate yourself about the impact
for children of the conditions detailed above
-- all factors which can affect a child's
physical, developmental, and emotional growth.
Learn what resources are available to you
in your community should the child you adopt
need some professional help to make up for
early delays. Talk to other families who have
adopted from different countries and orphanages
to see how their children are doing--after
arrival and several years thereafter.
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Compiling
Documents
You will need to compile a variety of documents
for the home study and the document dossier
for the foreign court. The required documents
usually include, but are not limited to, the
following:
- birth certificates of both prospective
adoptive parents;
- marriage license, and, if applicable,
divorce decrees from previous marriages;
- a letter from a physician confirming the
prospective parents' good health;
- financial statements, including tax returns,
statements of assets and liabilities, and
letters from your bank describing your accounts;
- letters from your employer(s) confirming
position, salary, and length of employment;
- letters of recommendation from friends
and associates;
- police records;
- child abuse clearance; and
- psychological evaluations.
Most agencies ask that you have these documents
signed and notarized and provide multiple
copies. In addition, some countries will require
authenticated translations of the documents.
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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 Petition,"
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, at
least one partner is 25 years of age, proof
of their marriage, and documentation of termination
(through divorce or death) of any prior marriage(s).
Single adopters must also submit proof of
their U.S. citizenship, proof of being at
least 25 years of age, and documentation of
termination (through divorce or death) of
any prior marriage(s). 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 Petition." 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 18
months from the date of approval. You will
be required to refile if your I-600A petition
expires, but there is an expedited refiling
procedure available.
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-249Y referenced above
explains the INA orphan qualifications in
detail.
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Child Placement
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 child's nationality, age,
and medical status, the faster you can be
matched with a child. Ask your adoption agency
about the status of foreign adoption in the
country in which you are interested and 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) 736-7000 for information on
foreign adoption laws and the status of adoption
in those countries in which you are interested.
The State Department provides an automated
phone system with recorded announcements on
adoption processing for more than sixty countries.
You can also access information about intercountry
adoption on the State Department's web page
-- http://travel.state.gov/family/adoption/intercountry/intercountry_473.html
which gives a comprehensive adoption guide
to sixty countries.
If a child is offered for placement, you
should request all available information,
especially information concerning the child's
health and orphan status. If you have any
questions, clarify them prior to accepting
the placement or initiating the adoption or
guardianship process. If you have any doubts
about the child's medical condition, you may
request additional information. Do not allow
yourself to be pressured 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. Ask for a full translation
of any medical information.
There are experienced physicians in the U.S.
who evaluate medical records for children
born abroad, including children cared for
in institutions. Call the Clearinghouse to
obtain the name of a physician near you. This
additional review by a U.S. physician may
help you to make a better informed decision
about whether to accept the placement. U.S.
physicians willing to evaluate medicals and
videotapes usually can provide their services
within a week of receipt of the information.
In some countries you may request that the
child be examined by a "panel physician" --a
physician used by the U.S. embassy or consulate
for required immigrant visa medical examinations.
This examination will only 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.
Despite precautions, certain conditions,
such as any learning disabilities and the
delayed effects of early neglect or prenatal
substance abuse, can only be 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 may help to identify serious emotional
or mental problems.
In some programs, once you accept the placement,
you are responsible for the cost of the child's
medical expenses and care in a foreign foster
home or orphanage. The cost of foster care
varies and can be expensive. To assure yourself
that the child is receiving the benefit of
the funds you provide, you may request that
your adoption agency provide you with an itemized
list of foster care or orphanage expenses
and some proof that the funds are actually
being disbursed to the institution or individual
caring for the child.
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The Legal Adoption Process
Once you accept the child, the adoption process
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
the international agency or 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 prospective
adoptive parents to submit evidence of the
child's identity, the child's orphan status
or availability for adoption or guardianship,
the acceptability of the prospective adoptive
parents, and the clearance to adopt from the
government of the prospective adoptive parents.
Adoption and guardianship laws in foreign
countries vary widely and do not always conform
to the equivalent procedure in U.S. courts.
Learn about the 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 Immigration
and Naturalization Act's 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.
Travel to foreign country of your child's
birth offers you the priceless opportunity
to become more familiar with your child's
culture. Each country has aspects which are
fascinating and beautiful and very different
from life in the United States. You also have
the chance to take photographs during your
trip which you can later share with your child
along with examples of arts and crafts you
were able to pick up. You will have time to
meet those who have cared for your child during
the formative years. Your memories could prove
priceless to your child later on.
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
March 6, 2008 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. 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. Next, you must present
proof of the child's orphan status. In general,
such proof can consist of (1) evidence that
both parents have died (such as their death
certificates); (2) evidence 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) evidence that the child has been irrevocably
relinquished to an orphanage by biological
parent(s). You must also 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.
Finally, you must present Form I-864, the
Affidavit of Support signed before a notary
public or immigration or consular officer,
and certified copies of tax returns from the
three most recent taxable years. The Form
I-864 is a contractually binding agreement
that applies to all immigrants. This form
certifies that the prospective parents can
demonstrate "adequate means of financial support"
and that they agree to reimburse any government
or private agency that provides their child
with any means-tested public benefit, such
as food stamps or welfare.
Copies of federal tax schedules should bear
a simple signed declaration that the copies
are true and unchanged from the originals--this
statement is then notarized. Tax returns must
verify that the parents' income is 125% above
the poverty guidelines set by the Department
of Health and Human Services. You can obtain
Form I-864 by calling the Bureau of Consular
Affairs (Autofax 202-647-3000), your local
INS office, or the State Department's web
page (http://travel.state.gov/family/adoption/intercountry/intercountry_473.html ).
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 an 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.
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 both
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 fully 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. With
the IR-4 visa, 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 require.
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Postplacement Requirements
and Services
After your child has arrived, make an appointment
with your physician for a general evaluation.
The American Academy of Pediatrics recommends
that the physical include hemoglobin/hematocritin
and red blood cell indices, urinalysis, blood
lead level, vision and hearing testing, dental
examination, and screening for hepatitis B,
hepatitis C, HIV/AIDS, syphilis, tuberculosis,
and intestinal parasites. The International
Adoption Clinic at the University of Minnesota
(612/624-1164) has a complete list of recommended
screenings for children placed for adoption
from abroad.
Once your child is brought to the United
States, you must consider readoption issues.
If your child was issued an IR-3 immigrant
visa, you are not required under federal law
to readopt the child, although your state
adoption law may require you to do so or you
may feel more comfortable doing so. If your
child entered the United States in the IR-4
visa category, federal regulations require
you to adopt the child in the state of your
residence, regardless of whether any type
of adoption might have occurred overseas.
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. These recommendations, along
with 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 may take several months and
it is recommended that parents hire a knowledgeable
attorney to coordinate the adoption process.
Adoption does not confer U.S. citizenship
on your child. Therefore, you must take steps
to naturalize the child. The adoption must
be finalized, before you can begin naturalization
procedures. In these procedures, 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.
Most adoption agencies mandate postplacement
services for client families for a set amount
of time-ranging from 6 months to 3 or more
years - after the child has been placed. These
services provide counseling for the new family,
observe the child's adjustment to the new
home, and supply parents with information
and referrals. 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 to send to your child's
country of origin. 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.
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Conclusion
Like other kinds of adoption, intercountry
adoption can be expensive, time-consuming,
and somewhat uncertain. It is important to
learn as much as possible about intercountry
adoption by reading books, attending parent
support groups, and talking with people who
have adopted from abroad. Being well-informed,
maintaining a strong commitment, and working
with a good agency will enable you to successfully
negotiate the complicated paperwork and procedures
required to adopt a child from abroad.
Intercountry adoption has fulfilled the dreams
of hundreds of thousands of parents over the
years and continues to provide them joy and
intense satisfaction. Those parents are clear
that intercountry adoption was well worth
the effort and many have adopted internationally
several times over. They claim that their
family's ties to their child's native culture
has expanded their horizons in many different
ways. Most families have made lifelong commitments
to develop their child's knowledge of and
appreciation for his or her native culture.
Updated 1998 by the Child
Welfare Information Gateway (formerly
the National Adoption Information Clearinghouse).
Internet links added by Adoptions.com 2001
- 2003. Updated 2008
[Back to Top]
[back to the Adoption
Education Center]
For more information, contact the Child Welfare
Information Gateway (formerly the National
Adoption Information Clearinghouse) at info@childwelfare.gov.
