Demystifying International Adoptions

Q.: What countries most commonly provide children for adoption by prospective parents from the United States?
A.: The top three countries are China, Russia, and Guatemala, followed by Korea, Kazakhstan, and Ukraine. 

Q.: How long is the international adoption process from start to finish?
A.: The process can take anywhere from six months to two or more years, depending upon the particular country and upon the time clients take to gather the paperwork, time for referral of a child from the other country and the length of stay in other country.  Also, countries can arbitrarily stop the adoption process, which adds unexpected wait time.

Q.: What must prospective adoptive parents do to adopt a child from another country?
A.: The adoption must be approved at the state level (through a home study), at the federal level by the U.S. Immigration Office, and at the international level by the other country.  Many of the same documents are needed for each level of approval, including: marriage certificate, divorce decree, current income tax return, employer letter, reference letter, local criminal record check, birth certificate, financial statements, fingerprints, medical reports, fire inspection report and child abuse clearance.  The documents are compiled into a “dossier,” authenticated and translated, and then sent to the other country for approval.

Q.: Must the adopting parents travel to the child’s birth country and, if so, how long must they stay?
A.: In most cases the adoptive parents must travel to the foreign country to adopt. 
Depending upon the country, the length of stay varies.  For example, China is a one-trip process that usually takes two weeks, while the one-trip stay in Guatemala may last from three days to two months, and the stay in Brazil is generally one month. Russia requires a two-trip process—an initial one-week trip and a second trip of ten days to two weeks.

Q.: How much does an international adoption cost?
A.: Cost varies greatly, from about $11,000 to $32,000, which includes costs of dossier preparation, home study, U.S. Immigration application, agency and program costs and  travel. 

Q.: Are there any programs to help with the costs of an international adoption?
A.: If your adjusted gross income is $155,860 or lower, the federal government allows you to subtract $10,930 of the adoption expenses per child from your total federal tax liability.  This adoption tax credit is reduced for those with incomes of $155,860 to $195,860 and eliminated for those with incomes of more than $195,860.  In addition to the federal tax credit, Ohio allows a one-time credit of $500 per child, with no income limit.  Employers frequently offer help with adoption expenses, and adoption grants and loans also may be available (visit www.angelfire.com for information). 

Q.: Are there any restrictions on the age and marital status of the adopting parents?
A.: Yes, and they vary.  For example, China requires the parents to be between the ages of 30 and 50, without history of cancer or serious illness, and single parent adoptions are restricted.  Russia allows adoptions between the ages of 25 and 60; single women are permitted to adopt, but not single men.  Single women, as well as single men, may adopt children from Guatemala and Brazil.

Q.: How do U.S. families learn about children who are available for international adoption?
A.: First, officials in the other country usually match the child’s specific characteristics and needs with a family that has requested and been approved for those characteristics and needs.  Then, the other county (e.g., China, Guatemala and Brazil) will send a photo or a video with medical information for the American family to review and approve before traveling to the other country.  Since 2000, Russia law has forbidden any adoptive family from receiving information about a child until after the family has made an initial visit to Russia. 

Q.: What is the legal status of the adopted child upon return to the United States?
A.: Any child adopted legally by a U.S. citizen, and who lives permanently in the United States, automatically becomes a full (not just naturalized) U.S. citizen. Therefore, the child need not be re-adopted once the family returns to the United States. 
     Though citizenship is automatic, the family still must file the appropriate form with the U.S. Immigration in order to get proof of citizenship.  Then, to get an official U.S. birth certificate for the child, the family must complete and file a simple form with the probate court in the jurisdiction where the family lives. 

Q.: Can an international adoption be contested?
A.: It is possible, but very unlikely that anyone will contest an international adoption.  The United States will not qualify a child for entry into this country with only the consent of a birth parent. Rather, the child must be a “true orphan,” and must have both parents’ death certificates or proof that parental rights have been terminated.

2/19/2005