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What Are the Legal Challenges in International Adoptions?

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How Does International Adoption Work?

Adoption can be a great and magical way to build a family. However, the adoption process can be complicated, lengthy, and costly. Thankfully, there are several options for hopeful adoptive parents seeking to bring children into their lives. In addition to domestic adoption, several consider international adoption as a means to adopt a child. But how does international adoption work? And what of the legal challenges?

International adoption allows you to adopt a child from another country through permanent legal ways and bring that child to your country to live with you on a permanent basis. After adopting a child, you will need to take care of various post-adoption requirements. Such requirements may include acquiring United States citizenship for your adoptive child, submitting post-placement reports, and complying with all reporting requirements.

For legal assistance with the international adoption process, it is highly recommended that you work with an attorney experienced in the practice area. Please contact our law firm for legal guidance throughout the international adoption process.

What is the Hague Convention?

International adoption, which is also known as intercountry adoption, can be accomplished in multiple ways. Perhaps the most common means for international adoptions is via the Hague Adoption Convention. This convention refers to an international treaty that ensures the protection of all parties involved in the international adoption process. Protected parties include the adopted child, their birth parents, and any adoptive parents.

In early 2008, the United States of America partnered with other countries to implement The Hague Convention process. According to the procedure, participating countries decide on an official central authority for the process. In the United States, the Department of State has the purpose of acting as the official central authority.

The Hague Convention and Protection of Children and Cooperation and Respect of Intercountry Adoption looks to protect children and their fundamental rights, as well as prevent the exploitation of children and the trafficking of children.

For countries that have signed on to The Hague Convention, there are a set of standards and procedures for international adoptions. The United States strictly adheres to Hague Convention standards for any adoption occurring between the US and any other signatory country.

What Are the Eligibility Criteria for Adoptive Parents in Kansas?

Each state across the nation has different requirements for parents hoping to adopt a child. Domestic adoption requirements will vary depending on where you live. International adoptions have many of the same similar requirements as most domestic adoptions, including marital status, age, income and financial assets, criminal background checks, and stability of home environment. However, certain countries may have additional requirements. For example, LGBTQ married couples may not be permitted to adopt a child from a country where LGBTQ people do not have the same equal rights.

In general, the international adoption requirements include the following:

  • You must be a U.S. citizen
  • Married couples must adopt their child unanimously
  • Unmarried couples and individuals must be at least 25 years old to adopt a child
  • Biometrics such as fingerprinting must be completed
  • There must be a home study and criminal history checks

What is the Importance of International Adoption Agencies?

An international adoption agency will be the most important partner in your corner throughout the complicated adoption process. Choosing an international adoption agency in Kansas could very well be one of your first decisions in the official process of adopting a child from another country.

When looking for an agency to assist you throughout the process, it is important that you find agencies with notable experience, honesty about fees, availability outside of typical business hours, risk protection programs, and caseloads that are not overbearing for each individual social worker.

A few of the international adoption agencies worth considering in Kansas include American World Adoption, Christian Family Services, and Holt International.

How to Prepare for the International Adoption Process?

Before beginning the process, it is wise to prepare yourself. Getting a head start on legal matters and other concerns could be the difference between a successful adoption and a failed attempt.

Plan for financial obligations, including how you are going to cover the costs of the international adoption. Additionally, consider building a support network. They say it takes a village to raise a child, and whether or not you believe that, you better believe that you can’t do it on your own. Finally, educate yourself on what it might take to raise a transcultural family.

What Are Some of the Challenges of International Adoption?

There are several challenges, both legal and otherwise, that hopeful parents may face when going through the international adoption process.

First, it is important for you to understand that you will likely not be able to adopt a newborn child. Those looking to adopt newborns may be better suited to considering domestic adoption options.

Depending on where you are adopting the child from, it is possible that you may not receive much, if any, information about the child prior to the adoption. Information that you may be missing out on could include information about the child’s parents, family history, and medical history.

One of the requirements to successfully complete an international adoption is that you will need to travel to the country you’re adopting from. This not only adds an expense, but it adds time and other complications to the adoption.

Some countries have specific guidelines that are strict and may restrict your ability to adopt a child from that country. For example, certain nations require adoptive parents to live in the United States for a certain period before finalizing the adoption, other countries have age restrictions, and some countries do not allow single parents or LGBTQ couples to adopt.

Institutional issues are also a concern. If your foreign-born child was placed into an institution, it is important that you be prepared for potential consequences, such as developmental delays, emotional trauma, and attachment issues.

Finally, it is worth remembering that many children from other countries may have special health needs. From mental health concerns to cleft palates, there may be additional medical issues that you need to be aware of when adopting a child from another country.

International adoptions may have additional legal concerns that are not present in domestic adoptions. For example, each country will have particular requirements and adoption laws. Additionally, within that country, there may be different provinces or regions that have their own adoption laws. Your international adoption must follow all laws.

Schedule a Consultation with Our Law Firm to Discuss International Adoptions Today

The question of whether or not international adoption is right for you and your family comes down to a case-by-case basis depending on your individual needs and family goals. International adoptions can take longer, cost more, and be more legally complex than domestic adoptions, but they can be just as rewarding. For more information about the international adoption process, it is highly recommended that you retain professional legal counsel from an experienced attorney. Our legal team has extensive experience representing clients in international adoptions, and we would be proud to represent your interests as you hope to build a family here in the United States.

To learn more about our legal services, please contact our law office to schedule a case evaluation today. You can reach us at 913-514-0909
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