Faqs About International Re-AdoptionSchedule a Consultation Today
Below are some frequently asked questions about International Re-Adoption:
What is a re-adoption?
The international adoption process is usually complete when the foreign country finalizes the child’s adoption. If the foreign country did not finalize the child’s adoption, then legal action in the United States is necessary to finalize the adoption and provide the child a path to citizenship.
Even if the adoption is final in the foreign country and no legal action in the United States is necessary, many parents still choose to re-adopt the child in their home state. Re-adopting your child has added benefits, including the following:
- Your child will have an adoption decree from the State of North Carolina
- Your child will have a birth certificate from the State of North Carolina.
- If foreign adoption laws change, your international adoption would not be in jeopardy if you re-adopted in North Carolina.
- Any challenge to your adoption decree would have to occur in North Carolina.
- You could change your child’s name.
- You could change your child’s date of birth.
An experienced international re-adoption attorney can explain your options if you are seeking a foreign adoption.
When is re-adoption mandatory in the United States?
It depends on the visa your child is issued. For example, with an IR-3 visa, your adoption is final, and re-adoption is not required. If, on the other hand, your child has an IR-4 visa, you must finalize the adoption in your home state.
Even if your child has an IR-3 visa, you should consider re-adoption. As your child goes through life, you want to avoid constantly reaching back to the country of adoption to request necessary paperwork. By re-adopting in your home state, your child can secure these documents quickly.
Is it necessary to retain an international re-adoption lawyer?
Adoption can take up to six months, and international re-adoptions may take longer since you’re dealing with two countries’ requirements. Experienced international re-adoption lawyers are familiar with the process and will assist you with all international documentation.
An experienced adoptions lawyer at Mills Adoption Law will submit and process all of the paperwork correctly to anticipate challenges, so they don’t become problems.
Does re-adoption include citizenship?
If your child returned to the United States on an IR-3 visa, then your child is a citizen of the United States. You can request citizenship documentation from the federal government. If your child arrived in the United States on an IR-4 visa, you must complete the re-adoption process in North Carolina to attain citizenship.
If you adopted a child from a foreign country, you should seek guidance from an international re-adoption attorney. Mills Adoption Law has over three decades of experience working on re-adoptions in North Carolina.
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Why Should You Choose An Adoption Attorney?
An adoption attorney will:
We will provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.
We will assess the risks involved, including determining what payments are permissible and ensuring that birth parents are treated fairly and their rights are legally terminated before placement is finalized.
We will clarify your options, if any, for post-placement arrangements with birth parents, making sure your interests and those of the child are served.
We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.
We will review and negotiate the adoption agency contract to protect your interests.
You should contact an attorney as early as possible in the decision-making process.
Learn about the specific types of adoption services the attorney provides. Ask what percentage of the practice is dedicated to adoption and how many adoption proceedings the attorney has handled.
Choose an attorney who is experienced in the type of adoption you are considering.
Know what the attorney charges, how fees are structured and that you can afford the services.
Ask questions, request references, share your concerns and provide the attorney with all relevant documents. Ask for a written retainer agreement that outlines what the attorney charges, how fees are structured and other details regarding fees and fee payment.