Foreign Adoption - The Foreign Adoption Process Pt 1
Foreign Adoption,
Overseas Adoption, call it what you may but
the long sequence of disasters that have appeared across our
TV screens over the past few years have highlighted the fact
that there is a requirement for Western Governments and
Agencies to “step up to the plate” and assist wherever
possible.
This may not overtly appear that attempts at Mass Adoption
are ideal (see International
Adoption – is it possible to Triumph from Tragedy)
but a coordinated plan and overall general consensus /
policy has to be reached.
Hence the Hague Convention on the rights of the Child. This
takes a great many concepts on board and If consider some
basic definitions:
Under The Hague Convention, the basic premise is as follows:
“The States signatory to the present Convention, firmly
convinced that the interests of children are of paramount
importance in matters relating to their custody, Desiring to
protect children internationally from the harmful effects of
their wrongful removal or retention and to establish
procedures to ensure their prompt return to the State of
their habitual residence, as well as to secure protection
for rights of access, have resolved to conclude a Convention
to this effect.
Under this Convention and in International Law we need to
consider the following definitions:
Foreign Adoption - Who is considered an
Orphan?
Under U.S. immigration law, a foreign-born
child is an orphan if he or she does not have any parents
because of the death or disappearance of, abandonment or
desertion by, or separation or loss from, both parents. A
foreign-born child is also an orphan if his or her sole or
surviving parent is incapable of providing care of the child
and has, in writing, irrevocably released the child for
emigration and adoption. For such a child to gain
immigration benefits, an orphan petition must be filed
before his or her 16th birthday. An orphan petition may be
filed before the child's 18th birthday, if the child is a
natural sibling of an orphan or adopted child, and is
adopted with or after that child, by the same adoptive
parents.
Foreign Adoption - Who is eligible to file an
orphan petition?
A married U.S. citizen and spouse (no
special age) or an unmarried U.S. citizen at least 25 years
of age may file an orphan petition for the purposes of
foreign adoption. The spouse does not need to be a U.S.
citizen; however, the spouse must be here legally if living
in the United States. To make the adoption process faster,
you may apply for advanced processing before you actually
find an orphan to adopt. An application for advance
processing may be filed by anyone eligible to file an orphan
petition. An unmarried U.S. citizen may file an application
for advance processing if the U.S. citizen is at least 24
years of age and will be at least 25 when an orphan petition
is filed on behalf of an actual child and when the child is
adopted.
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