Legality of International Adoption

Legality of International Adoption
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International adoption is a multifaceted process that involves much paperwork, time and guidance. During an international adoption, parents seek to bring a child from another country into their home to live as a family member. Because of the permanency involved, international adoption requires submitting to a legal course of action to finalize the process.

International Adoption

Parents undergoing the process of international adoption must submit much paperwork and background information to determine their eligibility to adopt a child. It is an extensive process that evaluates parents’ family conditions, financial abilities and emotional history. The process to adopt a child from another country is extensive because work between countries is complicated, and when a child is legally adopted, policies must be in place to ensure the best interest of the child.

Considerations

Foreign countries have laws and regulations in place which vary between each country. These laws protect children from illegal incidents, such as trafficking. Some parents may feel they can disregard the laws by finding ways around the system in order to complete an adoption more quickly. Ultimately, disobeying the laws sets a poor foundation for a relationship with a child by disrespecting his country of birth. It also puts other adoptions at risk for future families if countries decide to close a program because families are ignoring laws.

Requirements

The U.S. requires parents to file certain paperwork to bring a child into the country. The paperwork needed depends on which country the child is from and if they are party to the Hague Convention, a process set in place to protect adopted children between certain countries. According to the U.S. Department of State, filing required forms shows that prospective parents meet eligibility requirements and are competent to care for an adopted child. U.S. paperwork is part of the immigration process for a child, and allows her to eventually become a citizen.

Illegal Practices

Some illegal practices have taken place in other countries that have forced the closure of adoption. Activities occur, such as paperwork fraud, which gives inaccurate information; and selling children by paying birth mothers for placing their children for adoption. These illegal activities exploit children, and families may unknowingly enter an adoption without awareness of the circumstances behind it. Countries that are party to the Hague Convention agree to comply with international standards so that intercountry adoption maintains ethical and legal criteria for child placement.

Finalization

Depending on the country of a birth, a child may be legally adopted by parents before returning to the U.S. or finalization may occur after arrival. Even in situations where legal adoption takes place in the birth country, many states require parents to repeat the process once they are home. Parents must file paperwork and attend a hearing where a judge issues a decree that the adoption is final. The child is then given a U.S. birth certificate and the adoptive parents have all the same rights as if they were biological parents to the child.

References

Article reviewed by Allen Cone Last updated on: Jul 16, 2010

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