In international adoption or foreign adoption, an adult or couple formally becomes the adoptive parent or guardian of a child born in another country. Prospective adoptive parents must comply with the adoption requirements of their own country as well as the adoption laws of the birthplace of the child.
Hague Conference on Private International Law developed the Convention on Protection of Children and Co-operation in Respect of International Adoption, which came into force on 1 May 1993. The main objectives of the Convention are putting in place safeguards or checks and balances in the best interests of the child for international adoption. More than 70 countries have ratified this convention.
Many US citizens are going for foreign adoption with abandoned or orphaned children form overseas, due to the scarcity of healthy babies for adoption in the United States. In this connection, they have to observe the legal formalities of their own state or jurisdiction, the US and the regulations of the child’s country of origin.
The adoptive parent can bring the adopted child to the United States from the country of birth. In the alternative, the prospective adoptive parents can bring the child to the US for going through the adoption process on the American soil. In both cases, the adoptive or the prospective adoptive parents, as applicable, must be cleared by the Federal Immigration and Naturalization Service (INS) for adoption in the US.
A home study report prepared by a licensed social worker or any expert authorized to perform home studies, on the adoptive parents or the adopter is required by the concerned foreign government as well as the INS. Marriage certificate for a married couple, financial stability report or certification of clean criminal record is also asked for. Additional documents may be required for the satisfaction of the local government of the foreign country in which the child was born, as to the background of the adopter or adoptive parent.
The Child Citizenship Act of 2000, effective from February 21, 2001 allows foreign-born adopted children of American citizens to become a US citizen on the date they immigrate to the U.S. Before this Act, the adopted child used to hold the citizenship of the foreign country where he or she was born, until the application on behalf of the child for citizenship was approved by the INS.
(More:http://travel.state.gov/family/adoption/info/info_457.html
http://travel.state.gov/family/adoption/info/info_448.html)
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