According to U.S. Citizenship and Immigration Services, the rules governing international adoption in the United States originate from U.S. federal law, the laws of the child's country of birth and the laws of the state where you reside. While the number of rules and requirements can appear to be extensive, many of them overlap.
Orphan Status
To be eligible for adoption, a child must be an orphan. U.S. Citizenship and Immigration Services is responsible for determining whether a child is an orphan. A foreign-born child can be classified as an orphan by USCIS if he doesn't have parents because of death, disappearance, abandonment, desertion, separation or loss. A child can also be classified as an orphan if a surviving parent cannot care for him according to the local area standards and his parent has released him for emigration and adoption in writing.
Parental Eligibility
USCIS is also responsible for determining whether prospective adoptive parents are eligible and suitable for parenthood. Prospective parents must be U.S. citizens, and they must pass a fingerprint background check. They will also need an approved home study. A home study is a detailed review of the adoptive parents' personal, financial and medical information, according to the U.S. Office of Children's Issues. Home studies are usually completed by a social worker or an adoption agency. There may be some state variations regarding who can conduct a home study and the specific items that must be included.
Country of Origin
Each country has its own rules and requirements regarding who can adopt, who can be adopted and the adoption process. For example, many countries have specific parental requirements regarding age, length of current marriage, health, income, number of divorces and the number of children already in the home. Most countries require that one or both prospective parents travel to the prospective adopted child's country of origin and stay for a specific length of time. The number of trips and the duration of the stays vary. An extensive listing of each country's specific requirements is available from the Office of Children's Issues.
State Requirements
There are differences in the adoption laws between individual U.S. states and territories. For example, Iowa law recognizes and accepts foreign adoption decrees, while Alabama has no statutory provision regarding the adoption of children from other countries. Living or moving into a state that doesn't accept a foreign adoption decree can result in difficulty obtaining necessary documentation, as well as questions of legality . Consult an attorney with adoption experience or an agency specializing in adoption for clarification about your state's requirements.
