Georgia Adoption Law Blog

Halted foreign adoptions leave would-be parents in limbo

The crib in Ellen Darcy's Boston home has sat empty for more than a year. And in suburban Washington, Laura Teresinski has prepared a nursery for a baby that may never arrive.

They and thousands of prospective parents, eager to adopt children from abroad, have found themselves in an emotional legal limbo since two of the most popular countries for international adoptions -- Guatemala and Vietnam -- recently halted their programs.

Now would-be mothers and fathers around the United States wonder what will become of their quest to adopt a child -- a pursuit that can fray nerves, cost up to $30,000 and span several years.

Guatemala announced this month that it would conduct a case-by-case review of every pending foreign adoption case. That put on hold the adoption plans of about 2,000 American families.

The crackdown comes amid reports that some in Guatemala coerce mothers to relinquish their children for adoption -- or steal the children outright and present them as orphans.

Similar accusations have arisen in Vietnam.

After the United States accused adoption agencies there of corruption and baby-selling, Vietnam said in April that it would no longer allow adoptions to the United States.

"My husband and I were absolutely devastated," Teresinski said. "Adoptive parents have put a lot of emotional energy and a lot of financial resources in the process."

Vietnam's decision affects several hundred families.

Families in the United States adopted 4,728 children from Guatemala and 828 from Vietnam last year.

The halt in adoptions from those two nations unfolds against the backdrop of a dramatic rise in international adoptions in the United States.

The number of foreign-born children adopted by U.S. families more than tripled from 1990 to 2004, when it reached a high of 22,884, though the figure has declined slightly each year since.

n 2007, the U.S. granted visas to 19,613 children so they could join an adoptive family in the United States, according to U.S. State Department figures. About 70 percent of those children came from four countries: China, Guatemala, Russia and Ethiopia.

A few other countries have also halted foreign adoptions at various times, including Kazakhstan and Togo.

Yet the suspensions in Vietnam and Guatemala have had the biggest impact -- they're two of the 10 countries that send the most children to adoptive homes in the Unites States.

Fear of fraud stirs heartache

For Darcy, the review seems more detrimental than helpful.

Her adopted daughter, Carolina, remains in a Guatemalan foster home with three dozen other babies. Darcy worries that keeping Carolina, now 15 months old, in a foster home will harm her early development.

"She's not getting one-on-one care by a consistent caretaker," Darcy said, adding later, "Nobody is looking at this as a violation of the kids' human rights except for these (American) parents."

Guatemala, which until now has had little to no oversight of its foreign adoptions, has the highest per capita rate of adoption in the world.

Nearly one in 100 babies born in Guatemala wind up living with adoptive parents in the United States, according to the U.S. consulate in Guatemala.

While adoptive parents in the United States undergo rigorous screening, adoptions in Guatemala had been processed by notaries responsible for determining whether the babies were relinquished voluntarily. They also arrange foster care and handle paperwork -- notaries in Latin America tend to have more legal training than notaries in the United States.

Both Guatemalan and U.S. officials fear the system leads to practices such as paying birth mothers for children or, in some instances, coercion.

Officials in both countries say gaps in regulations and the high sums of money at play -- adoptions can cost up to $30,000 -- may have created unintended incentives in a country where the State Department estimates that 80 percent of the population lives in poverty.

The Guatemalan government has said its review could take a month or longer. As for the American families, they can only wait.

"I think it's overkill," said Darcy, who was matched with Carolina last March and was approved to adopt the girl last winter -- typically one of the last steps before the actual adoption is complete.

"No adoptive parent wants to adopt an abducted child -- a child that wasn't voluntarily relinquished -- but to keep them as hostages is unacceptable," Darcy said.

Adoption Problems in Other Countries

The slowdown affecting adoptions from China coincides with unrelated complications in several other countries that have been major sources of adopted children for American parents. Some examples:

_GUATEMALA: Irregularities and suspected fraud have cast a cloud of uncertainty over many of the 2,900 pending U.S. adoptions from Guatemala, which is the second-largest source of adopted children — after China — for the United States. The State Department on April 1 advised potential adoptive parents not to initiate new adoptions from Guatemala.

_RUSSIA: Laws affecting adoptions by foreigners have become stricter, while Russia has been trying to expand domestic adoption. Last year, 2,310 Russian children were adopted by Americans, down from a peak of 5,865 in 2004.

_VIETNAM: Renewed U.S. concern about possible baby selling, fraud and corruption — the same fears that led to suspension of Vietnamese adoptions from 2003 to 2005 — are again holding up visas for some babies adopted in Vietnam. The U.S. embassy has confirmed more than a dozen problematic cases, and Vietnamese adoption officials have said roughly 20 American families are affected.

_KAZAKHSTAN: Officials of Kazakhstan, the eighth-largest supplier of adopted children to the U.S. in 2007, informed the State Department last month that it was reviewing its adoption process and would suspend its normal handling of applications during the review.

SOURCE: Associated Press

U.S. Joins Overseas Adoption Overhaul Plan

By JANE GROSS

Published: December 11, 2007

The United States, the world leader in international adoptions, will join more than 70 nations committed to standardizing policies, procedures and safeguards to reduce corruption in the largely unregulated adoption marketplace.

When the United States ratifies the Hague Convention on Intercountry Adoption tomorrow in the Netherlands, it will establish federal oversight of adoption policies and policies overseas.

The multilateral treaty is designed to protect children, birth parents and adoptive parents from shady practices, including hidden fees and child abduction.

Each nation names a central authority — here, the State Department — to establish ethical practices, require accreditation for the agencies handling the adoptions, maintain a registry to track complaints and create a system for decertifying agencies that do not meet the standards.

In addition, once the treaty is fully put in place in April, parents seeking a visa for an overseas adoption must demonstrate to the State Department that a child has been properly cleared for adoption, that a local placement had been considered, and that the birth parents were counseled on their decision and have signed consent forms. Prospective adoptive parents also must show they are properly trained for what could be a rocky transition.

Georgia Statutes Regarding International Adoptions Finalized Abroad

Effect of Foreign Adoption Decree

Georgia gives full effect and recognition given to decrees issued pursuant to due process of law by a court of any other jurisdiction within or outside of the United States Official Code of Georgia Annotated, Title 19, Chapter 8, Section 22 (1997).

Validation of Foreign Adoption

Re-adoption allowed upon submission of valid foreign adoption decree and proof of valid visa issued by US Immigration and Naturalization Service Official Code of Georgia Annotated, Title 19 Chapter 8, Section 8 (1997).

SOURCE: Adoption.com

USCIS sets new international adoption immigration procedures

Richard Crouch at the International Family Law News & Analysis Blog has recently posted this article:

This is a big step in implementing the new Hague Adoption Convention in the U.S.:
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USCIS News Release
October 4, 2007

USCIS ISSUES INTERIM RULE ESTABLISHING NEW PROCEDURES FOR ADOPTED CHILDREN UNDER THE HAGUE CONVENTION

WASHINGTON  --  U.S. Citizenship and Immigration Services (USCIS) today announced the publication of an interim rule in the Federal Register to establish new administrative procedures for the immigration of children who are adopted by U.S. citizens and who come from countries that are parties to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

The rule amends U.S. Department of Homeland Security (DHS) regulations relating to the immigration of adopted children to be in conformity with the convention, a treaty that the United States plans to ratify soon.  USCIS invites public comments on the interim rule published in the Federal Register and currently available for public review at www.uscis.gov.

The rule amends U.S. Department of Homeland Security (DHS) regulations relating to the immigration of adopted children to be in conformity with the convention, a treaty that the United States plans to ratify soon.  USCIS invites public comments on the interim rule published in the Federal Register and currently available for public review at www.uscis.gov.

Guatemala seeks to slow exodus of babies to U.S.

ANTIGUA, Guatemala (CNN) -- For many years, Guatemala has been a place of relatively uncomplicated adoptions for American parents. The small country's government estimates as many as 17 babies leave each day for adoptive parents in the United States.

But that number could soon drop to zero because of concerns over alleged improprieties in the Guatemalan adoption process. Guatemalan President Oscar Berger announced recently that adoptions to the United States will be suspended on January 1, 2008, a decision that could leave nearly 3,000 babies currently in the adoption pipeline in legal limbo.

"This is our heritage, our future," said Carmen Wennier, head of Guatemala's Social Welfare bureau, who has criticized the adoption system.

Guatemala has the highest per capita rate of adoption in the world and the United States represents the largest number of adoptions, with an estimated one of every 100 Guatemalan babies sent to the United States, according to the U.S. consulate in Guatemala. U.S. officials estimate more than 5,000 adoptions from Guatemala will be processed this year, an annual high which would make Guatemala the second biggest origin of adoptive babies to the United States, behind China.

Summary of Laws Regarding International Adoptions Finalized Abroad: 50 States and 5 U.S. Territories

Effect of Foreign Adoption Decree

Twenty-six States and one territory (Commonwealth of the Northern Mariana Islands) grant the same recognition and effect to final decrees of adoption when issued pursuant to due process in a foreign country as to decrees of adoption issued in that State or territory.

States Granting Full Effect and Recognition to Foreign Adoption Decrees

Alaska
Iowa
North Dakota
Arkansas
Kansas
Ohio
Delaware
Maryland
Oklahoma
Florida
Massachusetts
Oregon
Georgia
Minnesota
Pennsylvania
Hawaii
Missouri
South Carolina
Idaho
Montana
Vermont
Illinois
New Hampshire
Wisconsin
Indiana
New Mexico

States Allowing Re-Adoption

Re-adoption is allowed by statute in 17 States upon submission of a petition accompanied by proof of adoption in a foreign court. Three States (California,Connecticut, and Tennessee) specify in their codes that re-adoption is allowed ifrequired by the United States Immigration and Naturalization Service.

California
Kansas
Ohio
Colorado
Maine
Oklahoma
Connecticut
Maryland
Pennsylvania
Georgia
Minnesota
Tennessee
Hawaii
New Hampshire
Wisconsin
Idaho
North Carolina

SOURCE:  

National Clearinghouse on Child Abuse and Neglect Information National Adoption Information Clearinghouse

Adopting a Child From a Different Race, Ethnicity or Culture

If you are considering adoption, an important issue that you will face is whether you are interested in adopting a child whose race, ethnic background, or culture is different than yours. Many prospective adoptive parents are clear that they want to bring a child into their family who looks like them, while others are open to creating a multiracial, multiethnic or multicultural family. Following is a discussion on adopting a child from a different race, ethnicity, or culture.

Endless Combinations

In the United States, especially in recent decades, Caucasian couples adopt African-American or Hispanic children. African-American families adopt Hispanic children. Jewish people adopt children from China or Colombia. American families bring home children from Russia, Korea, Guatemala, China, Bolivia, India and Africa.

When you adopt internationally, you bring a child from his or her country and culture to another country with its own culture. If your physical features match your new child's, you may find that the adjustment is relatively easy. It is much more common that parents who adopt internationally bring into their families a child who looks entirely different than they do. Skin color, eye color, hair texture, and build may differ dramatically. These families face challenges both in the home and wherever they go.

Multicultural Families

When they delve into their feelings, many prospective adoptive parents admit that they want children who look like them. Often couples come to adoption after experiencing infertility; the idea of adopting a child who doesn't look like them brings home the reality that they will never have children biologically.

The children adopted into homes with such differences face incredible challenges. An Hispanic boy adopted into a Caucasian home in New England was the only child of color in his school. He was taunted and derided for being different. An African girl in a family of African-Americans felt that her heritage and culture were ignored so that she would "fit in." The Korean adoptee in the Jewish home always felt uncomfortable at religious gatherings, and as she grew up she struggled with her faith.

U.S. Citizenship for a Foreign-Born Adopted Child

• Many foreign-born adopted children acquire U.S. citizenship as soon as they enter the United States. They do not need to formally apply (though they are entitled to a certificate of citizenship); they become citizens automatically.

• Other foreign-born adopted children may need to wait until they have satisfied certain criteria before they automatically acquire citizenship. Still others (those living abroad) may need to formally apply to "naturalize".

• Orphans adopted by a U.S. citizen parent are citizens once their adoption is final and they have lawfully entered the United States as permanent residents. Children who did not immigrate as orphans, but who were adopted by a U.S. citizen parent and obtained lawful permanent resident status also automatically acquire citizenship (so long as they meet all the criteria prior to their 18th birthday).

• Foreign children who are adopted by U.S. citizens who reside overseas are also entitled to citizenship, but under slightly different criteria. Such children may file for naturalization during a legal, temporary visit to the U.S. so long as they are under 18 and their parents or grandparents meet certain other eligibility criteria.

• Adopted children residing in the United States may file for a certificate of citizenship using U.S. Citizenship and Immigration Services (USCIS) Form N-600. Adopted children residing outside the United States may file for naturalization using USCIS Form N-600K.

Source: U.S. Citizenship and Immigration Services

SOURCE: FindLaw

Inter-Country Adoption Costs

Agencies that provide intercountry adoption services charge fees that range from $7,000 to $30,000. These fees generally include dossier and immigration processing and court costs. In some cases, they may include a required donation to the foreign orphanage or agency. Overall costs may be affected by the type of entity in the foreign country that is responsible for placing the child (e.g., government agency, government orphanage, charitable foundation, attorney, facilitator, or some combination thereof). Many intercountry adoption agencies offer a sliding fee scale. Depending on the country, there may be additional fees, such as: Child foster care (usually in South and Central American adoptions) Parents' travel and in-country stay(s) to process the adoption abroad Escorting fees, charged when parents do not travel but instead hire escorts to accompany the child on the flight Child's medical care and treatment (occasionally in South and Central America) Translation fees Foreign attorney fees Foreign agency fees Passport fees Visa processing fees and costs of visa medical examination Finalizing Inter-Country Adoptions in U.S. Court Some intercountry adoptions must be finalized in a court in the United States. Some intercountry adoptions are finalized in the child's country of origin. Although not required in these situations, parents often choose also to finalize the placement in a U.S. court to provide additional protection of their child's legal status. All of these procedures incur a cost. The cost for court document preparation can range from $500 to $2,000, while the cost for legal representation may range from $2,500 to $12,000 or more in some States. (Again, these costs may be reimbursable.) In some jurisdictions an adoption can be finalized without representation by an attorney. From the National Adoption Information Clearinghouse (U.S. Department of Health & Human Services) SOURCE: FindLaw