International Re-Adoption

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.