LawAdoption Blog: February 2016

Monday, February 22, 2016

Adopting from Nigeria

I have been assisting several families adopting from Nigeria over the years. ows the process to adopt from this country. Here is a brief overview of the process.

There is always the question of who can adopt? You not only have to meet the requirements of the U.S. Immigration but you also have to meet the requirements of Nigeria.The Nigerian process varies by the Nigerian state in question. Most states require that the adoptive parents be Nigerian citizens or of Nigerian descent. In certain states you have to at least be 25 years old and 21 years older than the child. There is a mandatory foster care period where the adoptive parents care for the child prior to the adoption being finalized in Nigeria.

The entire process is handled through the state Ministry of Women's Affairs. The Ministry of Women's Affairs is essential to the adoption. They make the determination that adoption is in the child's best interests, match the child with the adoptive parents, and visit the child and the parents during the foster care period where the child is cared for by the adoptive parent in country.

Additionally, the U.S. couple of Nigerian descent must locate a primary provider in the U.S. to perform the home-study and the other adoption services that are not performed by the state Ministry of Women's Affairs. The U.S. couple files the I 600A in the U.S and undergoes screening to ensure that they are suitable to adopt. After the I600A is approved, the file is sent through the National Visa Center to the U.S. Embassy in Lagos. The family files the I-600 at the Embassy. From there, there is a mandatory investigation (up to 12 months), to determine if the child is truly an orphan according to U.S. immigration law. If the I-600 is approved, the next step is the visa application, medical exam, and visa approval. The family must also obtain a Nigerian passport for the child.

Nigeria has special requirements in addition to the U.S. immigration requirements that a child must meet in order to be eligible for adoption.

Relinquishment: If children are allegedly relinquished by their parents and they are still living they will be investigated. The U.S. Consulate has found Nigerian parents will relinquish their children to a relative over in the United States so they can have the ability to immigrate to the U.S.

Abandonment: In Nigeria, abandonment is poorly documented so it may require a full investigation to confirm abandonment.

Age of Adoptive Child: The Adoption Act of 1965 says the child must be below the age of 16 or 17 according to the Child Rights Law in order to be adopted. U.S. law requires a child to be under the age of 16 at the time the I600A or I600 petition is filed unless the child is a natural sibling of a child that was already adopted by the same parents while under the age of 18.

Sibling Adoptions: In Nigeria, there are no specific guidelines regarding adopting siblings.

Special Needs or Medical Conditions: Nigeria will generally specify any special needs or address the general health of the child to be adopted. The U.S. home study should match any specifications of special needs that are observed by the Nigerian court.

For more information, including alerts and notices concerning Nigerian adoptions:
http://travel.state.gov/content/adoptionsabroad/en/country-information/learn-about-a-country/nigeria.html

For general information on intercountry adoption, https://www.uscis.gov/adoption
http://travel.state.gov/content/adoptionsabroad/en.html

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2016

Monday, February 1, 2016

Adoption Loans and Grants/2016 Adoption Tax Credit

Want to adopt but finances are low? There are loans and grants that you can apply for in order to help with the costs. It's not going to be easy and the money won't all come from one place. Also, you need to realize that all of your costs will not be fully covered, but it will help. Don't get discouraged if one option does not work for you; keep trying until you find one that does.

Some things to look into:

Your home bank: Consider starting here, they will have a better chance at refinancing your current mortgage or helping you take out a home equity loan.

Research outside lenders:America's Christian Credit Union is one of the best.

Zero-interest lenders: It might be hard to believe but there are a few lenders out there that provide loans with no interests. One of the most popular is Pathways for Little Feet.

Consider a combination of a grant and loan: An example would be A Child Waits; they can provide grants as well as low to no interest loans.

Other Foundations: HelpUSAdopt, Lifesong for Orphans, Gift ofAdoption and Show Hope.

Coaches at your adoption finance coach: Your adoption finance coach works closely with families to help them figure out what’s best for them. Make sure you talk to them and set out a plan.

Adoption Tax Credit: The most important source of financial assistance is the federal adoption tax credit which pays you back for the money you have spent for your adoption. The IRS web-site has a lot of helpful information as to which year you claim the credit. www.irs.gov

The adoption tax credit is adjusted each year based upon the cost of living allowance. The maximum credit for 2016 is $13,460. The adoption tax credit is fully available in the amount of $13,460 if your modified adjusted gross income is equal or less than $201,920. If your modified adjusted gross income is more than $201,920 but less than $241,920, you will receive a reduced tax credit. No tax credit is available for those earning more than $241,920.00.

Parents who adopted a child who has been determined to have "special needs" by the state or county child welfare agency can claim the maximum credit regardless of whether they have spent any money to adopt the child.

Step-parent adoptions do not qualify for the tax credit.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer