International Re-Adoption

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International Re-Adoption

International Re-Adoption | Raleigh, NC | Mills Adoption Law

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 Choose Mills Adoption Law?

  • Experience–Attorney Bobby Mills has over 35 years of experience representing birth parents, adoptive parents, and foster parents through all aspects of adoption and parental rights.
  • Adoption Specialist–Other firms include adoption and parental rights as part of their larger family law practice areas. At Mills Adoption Law, we focus exclusively on adoption, parental rights, and foster parent rights.
  • Board-Certified–Attorney Bobby Mills is a Fellow of the American Academy of Adoption & Assisted Reproductive Attorneys, certified by the board as a specialist in family law, and the former director of a child placement agency.
  • Agency Attorney–At Mills Adoption Law, we also represent child placement agencies and their clients.

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Frequently Asked Questions

Below are some frequently asked questions about International Re-Adoption:

What is a re-adoption?

The international adoption process is usually complete when the foreign country finalizes the child’s adoption. If the foreign country did not finalize the child’s adoption, then legal action in the United States is necessary to finalize the adoption and provide the child a path to citizenship.

Even if the adoption is final in the foreign country and no legal action in the United States is necessary, many parents still choose to re-adopt the child in their home state. Re-adopting your child has added benefits, including the following:

  • Your child will have an adoption decree from the State of North Carolina
  • Your child will have a birth certificate from the State of North Carolina.
  • If foreign adoption laws change, your international adoption would not be in jeopardy if you re-adopted in North Carolina.
  • Any challenge to your adoption decree would have to occur in North Carolina.
  • You could change your child’s name.
  • You could change your child’s date of birth.

An experienced international re-adoption attorney can explain your options if you are seeking a foreign adoption.

When is re-adoption mandatory in the United States?

It depends on the visa your child is issued. For example, with an IR-3 visa, your adoption is final, and re-adoption is not required. If, on the other hand, your child has an IR-4 visa, you must finalize the adoption in your home state.

Even if your child has an IR-3 visa, you should consider re-adoption. As your child goes through life, you want to avoid constantly reaching back to the country of adoption to request necessary paperwork. By re-adopting in your home state, your child can secure these documents quickly.

Is it necessary to retain an international re-adoption lawyer?

Adoption can take up to six months, and international re-adoptions may take longer since you’re dealing with two countries’ requirements. Experienced international re-adoption lawyers are familiar with the process and will assist you with all international documentation.

An experienced adoptions lawyer at Mills Adoption Law will submit and process all of the paperwork correctly to anticipate challenges, so they don’t become problems.

Does re-adoption include citizenship?

If your child returned to the United States on an IR-3 visa, then your child is a citizen of the United States. You can request citizenship documentation from the federal government. If your child arrived in the United States on an IR-4 visa, you must complete the re-adoption process in North Carolina to attain citizenship.

If you adopted a child from a foreign country, you should seek guidance from an international re-adoption attorney. Mills Adoption Law has over three decades of experience working on re-adoptions in North Carolina.

Professional Associations

AdoptMatch - Approved
Board Certified Specialist
Martindale-Hubbell - Preeminent
Academy of Adoption & Assisted Reproduction Attorneys

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.

Adopting Attorney | Adoption Law in North Carolina | 919-306-2899

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.

Adopting A Child | Adoption Law in North Carolina | 919-306-2899

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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Real Clients, Real Testimonials

Mr. Mill is a very experienced professional lawyer and he is also very patient and kind in giving his advice. 5 stars!

0 reviews • 0 photos

I would highly recommend Bobby for your Adult Adoption.

He’s kind, considerate, and very knowledgeable about the adult adoption process.

Reflecting back, the process was pretty seamless and his pricing was very reasonable.

He was always quick to respond to any questions I had. I dealt directly with Bobby. Not an assistant.

The entire process only lasted several months.

Thank you so much!!

Local Guide • 24 reviews • 54 photos

My family used Mr. Mills for our adoption process and could not be more pleased. He was incredibly knowledgeable, professional, and responsive. He was always available and answered every question we had throughout. There were many layers to our adoption situation and process, and Mr. Mills was able to navigate it all without incident. The local DSS representative that we worked with in our county commented that in all of her years working with adoptions she had never seen such a thorough packet of information. Mr. Mills and staff, thank you for what you did for our family. It is absolutely wonderful to be a dad!

4 reviews • 0 photos

I had a very good experience in my adoption process, my confidence in Bobby Mills and his group, was completely justified. I am so glad I found his services as a professional lawyer and felt he did above my expectations! The process was walked through step by step with results we could see the end coming closer in sight each meeting. He was prompt and courteous and answered questions I had. Definitely would use his services again!!

Adoption is one of the most meaningful — and sometimes complicated — journeys a family can take. What began as a simple interstate adoption quickly became the most “unusual” and complicated case lasting 15 months. From the initial consultation, Bobby handled every turn with compassion, clarity, and unwavering ease.

He was consistently available to answer questions, explain the process in a way that felt approachable, and offer steady, thoughtful guidance when it was needed most. His knowledge of adoption law — gave me so much peace of mind during an uncertain time. His recommendations for post-placement services and trusted colleagues were also wonderful, providing the support needed well beyond the courtroom.

Thanks to Bobby’s expertise and heart, my family’s story found its way home. I’ll always be grateful for the steadiness and kindness he brought to this life-changing story.

If you’re in search of an adoption attorney who’s both highly skilled and deeply kind, I couldn’t recommend Mills Adoption Law more.

We can’t recommend Mills Law Firm enough! Going through the adoption process can be daunting and emotional, but Bobby was there for us every step of the way. From our very first consultation, he made us feel welcome and informed.

Throughout the process Bobby was able to able to answer all questions clearly and patiently and guided us step by step through the complex legal paperwork. He was always incredibly responsive to our calls and kept us updated on the progress of our case throughout the entire process.

Thanks to Bobby’s help, our adoption was finalized smoothly, and we owe a huge debt of gratitude to him for helping us with this process.

If you’re considering adoption, we strongly recommend that you contact Mills Law Firm. Bobby’s expertise, communication, and support will make a world of difference in your adoption journey. We are so grateful for everything he did for us!

Bobby Mills is absolutely fantastic! I 100% recommend him for anyone trying to adopt! He’s very quick and made even the stressful moments of our adoption journey a lot less difficult! I am beyond grateful for this man and I do not regret the decision on choosing him as my lawyer! Thanks Bobby for everything! From: The Williams Family

I had a wonderful experience in every way possible! Everything was explained in detail of what could or would happen if situation went every way. I would definitely recommend Bobby & The Mills Adoption Law Team to handle your case! Bobby is very knowledgeable,smart, & a straightforward man. We didn’t need to come into the office much. They made it feel easy. Thank you!

I had a very delicate case with the hopes of a very impossible outcome but Bobby was always very honest. Always told me the cons and pros of every move we decided to take. And something that was nearly impossible he made it a reality with his wisdom. There are no words to explain the gratitude I feel towards him. He is extremely knowledgeable and has a network of attorneys to seek if he ever needs assistance. He personally picks up your calls & replies black to every email!! I am so blessed I found him. I will forever be in his debt. THANK YOU BOBBY!!

Bobby’s experience and vast connections with people all over the state of North Carolina was very helpful in making our adoption as smooth as possible. Even though our adoption happened in a town a couple of hours away from Bobby’s office he happened to know a social worker who lived in that town that helped us get through the process when we had questions that popped up. I felt that he always had our interests in mind and answered my texts and emails promptly. We actually recommended Bobby to our friends who are adopting in North Carolina as well. Highly recommend!

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