Foreign Adoption Process

Growing your family through international adoption is an exciting time. It can also be a stressful time as the legal hurdles that you must jump through seem to be without end. You may hear phrases such as “re-adoption” and wonder what that means and if it applies to you and your family’s adoption situation. For these questions and to help you successfully navigate the whole process, NPZ Law Group is here for you.

Will You Need to File for Re-adoption for your Foreign Adoption?

International adoption will require complying with the requirements set forth by the child’s country of origin as well as those of U.S. Citizenship and Immigration Services. Even when you successfully adopt a child in his or her birth country, you may still need to “re-adopt” the child in a State Court in the United States. Whether you will need to go through re-adoption largely depends on the child’s country of origin.

The Hague Adoption Convention provides that adoptions between countries party to The Hague are to be recognized as full and final. This means that if you adopt a child from a Hague country, there is not a need to go through the re-adoption process. If you adopted a child from a country that is not a Hague signatory, re-adoption is required. Without completion of the re-adoption process before the child turns 18 years of age, he or she will not become a U.S. citizen.

Even if you adopted from a Hague Convention country and are not required to go through the process of re-adoption, there are benefits to re-adoption that might encourage you to move forward with it.

For instance, it allows adopting parents to easily obtain additional copies of the Judgment of Adoption if ever needed. The Judgment of Adoption is clear legal proof attesting to the validity of the foreign adoption. It can give adopting parents peace of mind and be presented as clear evidence, when needed, that the adoption is to be recognized throughout the United States.

Additional benefits of re-adoption include helping to secure things like inheritance rights of the adopted child should they ever come into question into the future. The child’s name may also be changed during the re-adoption. It also eliminates the reliance on adoption laws of a foreign country. When re-adoption occurs, the legality of the adoption is solidified under U.S. law. There is no need to depend on the continued legitimacy of the adoption laws of the child’s birth country.

Foreign Adoption Attorneys Working for the Well-Being of Your Family

Adopting a child from a foreign country is an amazing adventure and one that will forever change your family. Our international adoption attorneys at Nachman, Phulwani, Zimovcak Law Group, P.C., understand the magnitude of going through something like this and we are here to make sure all legal protections are in place to preserve the family unit you have so wonderfully created through adoption. Contact us today.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com