Overview of International Adoption

In addition to the many personal, ethical, and parenting questions to reflect on, international adoption is also a complex legal process. It is important when reading information on-line or when talking to other adoptive parents that you realize that regulations and processes will vary depending on:

- the agency you are working with

- the country you are adopting from

- the country you live in

- the region or state of the country you live in

Additionally, regulations change over time. Consequently, it is very important that you confirm any information you receive with your agency or other appropriate authorities that may be involved.

There are a few elements that tend to be common regardless of where you live and the country from which you are adopting a child. The order in which these processes occur may vary, but in general you should expect four major phases in completing an international adoption.

1. Homestudy process: Although this phase goes by different names in different countries, almost every country/state will have a homestudy process that is required. This is a process by which some authority assesses whether your home would be appropriate for raising an internationally adopted child. The homestudy may be conducted by an adoption agency, an independent social worker, or a government agency. Who is allowed to conduct the homestudy, the length of time it takes to complete, the depth of information collected, the breadth of documentation required, the amount of in-person contact, and the amount of pre-adoption education required will all vary depending on the pertinent country/state/agency regulations. Additionally, the country you are adopting from may have its own requirements that must be addressed in the homestudy process. Some homestudies are completed in a matter of weeks whereas others take more than a year. It is common for prospective adoptive parents to feel that the process is somewhat intrusive. However, it is important to remember that the agency or person doing the homestudy has been entrusted with a significant responsibility and must exert due diligence in assessing what will be beneficial for a child.

2. Immigration process: The country in which you live will have requirements that must be met in order for your future child to immigrate to your country. Most "sending" countries require that before they approve an international adoption proof must be submitted that the "receiving" country has already given its approval for the child to immigrate. What they want to avoid is approving an adoption for a child who then cannot travel to their new home and is left in a legal limbo in terms of immigration status.

3. Dossier/Adoption process: The adoption or guardianship process is regulated by the laws of the country in which the child is living (i.e., the "sending" country). Most countries require documentation be submitted by or on behalf of the potential adoptive parent(s). Often times these documents must be stamped with official seals by the government that issues the documents and/or by the consular office in the potential adoptive parent(s)' country. These requirements will vary from one country to another and how you go about obtaining the seals will depend on your own country/state. The documentation required by countries varies greatly and ranges from very little paperwork beyond the homestudy to extensive paperwork. It is very important that you follow the instructions you receive closely and that you do not veer from them based on what you have heard from some other adoptive parent.

4. Readoption/Citizenship/Reports/etc.: You may have to complete additional legal proceedings after you bring your child home. This will depend on the laws of the country you adopted from, the laws of the country/state in which you live, and any agreements between the two countries. For example, some countries recognize an international adoption that is completed abroad whereas other countries require you to readopt the child once you bring them home. Additionally, some countries grant adoption decrees to foreigners whereas others grant guardianship and require that you complete a legal adoption upon bringing the child home. There may also be additional steps you need to take in order for your child to obtain full citizenship in your country. Finally, some "sending" countries require that adoptive parents submit periodic updates on the child. If these updates are required, the frequency and form they take varies greatly. Again, it is important that you follow the instructions you receive and do not make decisions merely on what you hear from other adoptive parents.

Sometimes prospective adoptive parents get frustrated with the duplication of documents/information. It is easy to think, "But we already provided that information. Why do they need it again?" It is important to remember that there are many different authorities that are requesting information, that you must meet the legal requirements of two different countries, and that even within a single country different government entities do not necessarily share information. So you may need to submit duplicate documents or the same information in multiple forms. Be patient with this process and remember that it is all done in the interests of protecting children and keeping international adoption legal and ethical.

Informed Adoption Advocates provides country-specific information. You can view the information by clicking on the name of a specific country. However, please remember that the information provided on this website may vary depending on where you live and the country from which you are adopting. Please verify any information before taking action that may affect an adoption. We are always looking for new information and articles. If you would like to contribute information or articles, please contact the website administrator.