If I have a nephew who has lost his birth parents, can I adopt my nephew from another country and bring him to the U.S.? What is the process to be followed and what documents will prove that we are related? Let’s find out.
People adopt children for many reasons, but most families adopt because they want to provide a child with a loving home. If you have a relative who does not have any of their biological parent to take care of them, you might want to adopt them and bring them home to take care of them.
In 2019, almost 64000 youths were adopted and out of which their family members adopted 36%. If you are considering adopting a related child from another country, you need to understand some essential things. This article will explore the international adoption process and the benefits of adopting a nephew.
What Children Can Be Adopted Internationally?
Several children are eligible for intercountry adoption, depending on the country’s requirements. In general, children eligible for adoption must be under 18 and have no biological parents who can take care of them. They may also need to meet other criteria, such as being orphaned or having special needs.
Some countries only allow certain types of children to be adopted internationally. For example, China generally limits adoptions to healthy infants and toddlers younger than four. Ethiopia only allows the adoption of children who are orphans or have severe medical conditions.
It’s essential to research the eligibility requirements of the country you’re interested in before beginning the adoption process. You can learn more about specific countries’ needs on the U.S. Department of State’s website or by contacting an adoption agency that works with that country.
Can I Adopt My Nephew From Another Country and Bring Him To The States?
If you want to adopt your nephew and bring him to the United States, there are a few things you need to do. First, you must file a petition with the U.S. Citizenship and Immigration Services (USCIS).
You then need to follow either a convention, non-convention or family based immigration process depending on which country you are bringing the foreign-born child in from (we will cover this in the next section).
You will also need to submit proof that you are related to the child and have the financial means to support him. Once your petition is approved, you can apply for a visa for the child. If everything goes smoothly, you should be able to bring your nephew to the U.S. within a few months.
You might also like to read: How To Adopt Children From An Orphanage?
How Do I Apply To Adopt A Child From Overseas I’m Related To?
There are three processes through which you can apply for the adoption of an overseas relative. These processes are not any different from the regular adoption process.
Convention process
If you are adopting a relative from a Hague Convention country, you must follow the convention process, and the child must qualify as a Convention adoptee under U.S. immigration law.
Under this process, you will have to file for the application in Form I-800. You will also have to fill the Form I-800A. These two forms are meant to identify that a) you are a relative of the child and b) you are suitable to adopt a child from another country respectively.
Non-Convention process
This process is also known as the orphan process. If you are adopting a relative from a Non-Hague Convention country, you must follow the non-convention process, and the child must qualify as an orphan under U.S. immigration law.
You must apply for adoption in Form I-600, and Form I-600A. These two are counterpart forms of Form I-800 and Form I-800A, and they serve the same purpose as those two do for convention countries
Family-based Petition Process
The Family-based Petition Process helps the child get an immigration visa. To get your adopted child a visa, you must adopt him/her before he/she turns 16. You need to cover some more formalities here, which you can learn here.
Requirements For The International Adoption Process
- Prospective adoptive parents must be over the age of 21.
- They must have been a married couple for at least two years or be in a long-term, committed relationship.
- They must pass a criminal background check.
- They must complete an adoption home study, including interviews, financial disclosure, and a home inspection.
- They must be prepared to accept a child with special needs, such as an older child, a child with medical conditions, or a sibling group.
- They must provide evidence of financial stability and the ability to cover the costs of adoption and raising a child.
You might also like to read: How Much Does It Cost To Adopt A Child From China?
Can You Adopt An Immigrant Child Already In The US?
There are several ways to adopt an immigrant child. The most common is through a licensed adoption agency. Adoption agencies work with the government to place children with families in the United States. Families interested in adopting an immigrant child should contact a licensed adoption agency to learn more about the process.
Another way to adopt an immigrant child is through the foster care system. Children who are wards of the state are often available for adoption. Please contact your state’s foster care agency to learn more about adopting a child from foster care.
You will have to follow the regulations for adoption within the US, which we have outlined in the next section
Legal Regulations For Adoption In The USA
Several legal regulations must be followed to adopt a child in the United States. To adopt a child in the United States, prospective adoptive parents must meet specific requirements set by Federal and state law.
Federal Regulations
Federal law requires that all prospective adoptive parents complete a home study. This is conducted by a licensed social worker and includes assessing the potential parent’s financial, emotional and physical ability to care for a child. The home study must be updated every 12 months.
In addition, all adoptive parents must meet the requirements of the Interstate Compact on the Placement of Children (ICPC). This compact ensures that children placed for adoption across state lines are only placed with families whose home state has approved.
Federal requirements for adoption include:
- Being at least 25 years of age
- Being a U.S. citizen or legal permanent resident
- Having a clean criminal history
- Completing an approved home study
State Laws
Each state also has its own set of laws and regulations governing adoption. These can vary significantly from state to state, so it is essential to be familiar with the laws in the state where you plan to adopt them.
Some states require adoptive parents to be a certain age, have a certain income level, or marry. Others have more liberal requirements. Prospective adoptive parents should research the specific requirements for their state of residence before beginning the adoption process.
State requirements for adoption vary but can include:
- Being at least 21 years of age
- Undergoing a criminal background check
- Completing an approved home study
Adopting foster care usually has different requirements, as children in the foster care system are wards of the state.
The adoption process can be complex, but working with an experienced adoption attorney and the right adoption agencies can help make it a smooth and successful experience.
You might also like to read: How Long Does It Take To Adopt A Child From India?
Can You Adopt a Child In the US If You Are A Non-US Citizen?
Yes, a non-U.S. citizen can adopt a child in the United States. The process is generally the same for U.S. citizens, but a few extra steps need to be taken.
First, the potential adoptive parent(s) must complete an adoption home study. This is a process in which social workers evaluate the prospective parents to ensure they are fit to raise a child. Once the home study is complete, the next step is to find an adoption agency or attorney willing to work with a non-citizen.
The next step is to file an I-600A form with U.S. Citizenship and Immigration Services (USCIS). This form allows USCIS to conduct a background check on the adoptive parent(s). Once USCIS approves the I-600A form, the prospective parent(s) can apply to adopt a child from another country.
If all goes well, the adoption will be finalized, and the child will become a U.S. citizen. You will get the parental rights and can take care of them.
It’s important to note that even if the child is not adopted through the U.S. foster care system, they may still be eligible for a green card if they meet specific requirements. Don’t hesitate to contact an experienced immigration attorney for more information on this.
Frequently Asked Questions
Can someone from another country adopt a child?
Generally speaking, adopting a child from another country is similar to domestic adoption. You’ll need to go through an accredited agency and complete all the necessary paperwork.
However, there are some key differences to be aware of. For instance, you’ll likely need to travel to the child’s country of origin to meet them and finalize the adoption. Additional costs may be involved, such as translation fees or travel expenses.
How much does international adoption cost?
Adopting a child from another country can be a rewarding experience, but it can also be expensive. The cost of international adoption can range from $20,000 to $50,000, depending on the country you adopt from and the agency you use. There are also many other costs, such as travel expenses, legal fees, and translation services.
How long is the international adoption process?
The international adoption process can take anywhere from six months to two years, depending on the country you are adopting from.
Wrap Up
Thank you for reading the article, we hope we have covered all the relevant scenarios of adopting relatives from other countries, including both those who are in the US and those who are in another country. We also gave a brief overview of the processes that you have to follow if you are not a US citizen yourself.
If you have any further questions, please do not hesitate to write to us in the comments box below.