International Re-Adoption

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International Re-Adoption

The international adoption process is complex and varies by country. Visit the US State Department website for country specific information.

Hague Convention

Over 100 nations, including the United States are party to the Hague Adoption Convention. If you are adopting from a Convention country, you must follow the Convention requirements.

Readoption

Readoption is the process of adopting your child in a state court in the United States after having completed an adoption in the child’s country of birth or habitual residence.

Acquiring U.S. Citizenship for your Child

Some children enter the United States as legal permanent residents. For those children it is necessary to obtain a decree of adoption from a state court in the United States to finalize the adoption and have a pathway to citizenship.

It is important to ensure your adopted child becomes a U.S. citizen. If you postpone documenting or obtaining your child’s citizenship, he or she may have difficulty obtaining college scholarships, working legally, voting, and enjoying other rights and privileges. In some cases, the child might even be subject to deportation.

Acquiring a U.S. Adoption Decree and Certificate of Foreign Birth

Some children enter the United States as U.S. citizens. No further steps are necessary to acquire citizenship. Many parents prefer the additional protection of a decree from a state court in the United States.

Your child’s foreign adoption documents would be very difficult to replace. Many parents want to have access to an adoption decree entered by a state court in the United States and certificate of foreign birth (which is like a birth certificate) that can be easily replaced. These records can be easily obtained as necessary and certified copies can be distributed to school and government officials to establish a child’s identity without ever having to release your foreign adoption documents.

We can assist you with a readoption once you have returned to the US with a foreign decree.

Special Immigrant Juvenile Status

For some children, there is an alternative pathway to citizenship, called special immigrant juvenile status (SIJ). This process allows children who are out of status in the US to have a legal path to citizenship in the United States.

The requirements are demanding. The child must be under 21, declared dependent in a juvenile court, unable to be rejoined with their parents, and it must be unsafe for them to return to the country of origin.

If the court makes the necessary findings, a special immigrant juvenile order, “SIJS Order” or “Predicate Order” will be issued by the court, which will allow the non-citizen child to apply for special immigrant juvenile status with the United States Citizenship and Immigration Services (USCIS).

This is a very narrow classification, so if you think this may apply to your situation, call us for a consultation and we can help you select the best option.

Experience On Your Side

Mills Adoption Law can assist with the process of adopting a child internationally, from the initial planning, through the final certificate of citizenship. Call us today 919-533-4025 to set up your consultation.

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Why Should You Choose An Adoption Attorney?

Adoption is a wonderful option for expanding your family, but the laws governing the process are quite complex. Working with an attorney with significant experience in adoption law will help ensure that the adoption process goes smoothly.

An adoption attorney will:

Provide

We will provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.

Assess

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.

Clarify

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.

Explain

We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.

Review

We will review and negotiate the adoption agency contract to protect your interests.

You Should...

Contact

You should contact an attorney as early as possible in the decision-making process.

Learn

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

Choose an attorney who is experienced in the type of adoption you are considering.

Know

Know what the attorney charges, how fees are structured and that you can afford the services.

Ask

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.

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