Karen S. Law
Law Offices of Karen S. Law, PLC
klaw@lawadoption.com | (703) 723 – 4385
Summary of Pros/Cons for Intercountry
Adoptions
·
Cost:
o
Adoptive
parents are financially responsible for: adoption agency fees, the cost of adoption
professionals including a home study agency and a primary provider agency,
travel costs, immigration documentation costs, and any legal fees. Adoption
expenses vary depending on the country. According to Family Connections, a U.S.
adoption agency, Intercountry adoption can cost anywhere from $12,000 to
$30,000 on average (Family Connections Christian Adoptions). This is a low
average.
o
According
to an older study from American Adoptions, these are the average individual
costs of Intercountry Adoption:
§
Agency
Fees/Program Application: $14,181
§
Dossier
Preparation and Clearance: $1,818
§
In-Country
Adoption Expenses: $6,412
§
Major
Travel Expenses: $8,210
§
In-Country
Travel Expenses: $2,234
§
Child’s
Passport, Visa, Medical Exam: $816
§
*Each
cost is an average of China, Ethiopia, South Korea, and Ukraine from 2012-2013
(American Adoptions[1]).
·
Laws:
o
Every
country has their own adoption laws and process. Eligibility requirements can
vary depending on the country, common criteria can include age, marital status,
income, and health (Considering Adoption).
§
Age
- Most countries have a minimum and maximum age for adoptive parents. Sometimes
there will also be minimum or maximum age difference between the parents and
the adopted child.
§
Marital
Status - Many countries require couples to have been married for a certain
amount of time before adopting. Some countries may not allow same-sex or
single-parent adoptions.
§
Income
- In most countries, adoptive parents are required to show proof of a stable
income. Sometimes, though not often, countries will require a specific minimum
income.
§
Health
- Few countries have specific health requirements for adoptive parents. The countries
that do have health requirements may ask for your medical records, mental
health history, and other personal documentation as part of the dossier
submitted (Considering Adoption).
· Uncertain Climate and Primary Provider Challenges:
o
The
adoption rules and regulations of a country could change at any time, and that
is why it is important to stay updated. Intercountry Adoption
(state.gov) is the
best place to find adoption law updates for a specific country because it is
compiled by the U.S. Department of State which grants the visas for adopted
children. You should also speak with your adoption professionals for the most
current and accurate information. (Kuligowski, 2020)
o
COVID-19
caused delays or stoppages of intercountry adoption programs, including the
People’s Republic of China. Political unrest or domestic laws which restrict
intercountry adoption are not uncommon.
o
Additionally,
the difficulty of locating a U.S. based agency to serve as “primary provider,”
cannot be discounted. Since the Universal Accreditation Act of 2012, every
adoption must now use a “primary provider”, even when the family is adopting a
relative. The only exception to this is if the family completes the adoption
while the child is under the age of sixteen and then lives overseas with the
child for two years, which is not feasible for most families. In that case,
there is an alternative pathway, which does not require a “primary provider.”
The family may use the Form I-130 process or the N-600K process.
·
Timing:
o Children adopted from other countries
must meet the requirements of their country of origin before they are placed
for adoption. In most countries, in addition to meeting local adoption
guidelines, they must be offered to a local family before they are eligible for
an Intercountry placement. Because of these regulations, there is always a
period of several months before the U.S. family is referred for adoption. Intercountry
adoptions usually take more time to process than other types of adoption. Most
children who are being placed for intercountry adoption in 2021 are five years
and up. There are a few exceptions; for example, some countries have programs
where children under the age of 8 months are referred for Intercountry
placement.
· Benefits to intercountry adoption:
o Adopting a child from another country
brings so much to the U.S. family in terms of embracing another culture and
expanding their awareness and capacity to love another child who is not similar
to them. Challenges exist in terms of acclimating to the U.S. language and
culture for the child, as well as attaching to the family. There are many
resources available to intercountry adoptive families, especially in more
metropolitan areas, to assist with these challenges. Typically, families who
adopt through this pathway do so out of a desire to give something more, not
due to infertility.
o Some children who are adopted through this process are relatives of the U.S. citizens and have no parental care in their home country. For them, obviously coming to the U.S. to live with a close relative is life changing in terms of parental care and opportunities. We typically see these children adjust more quickly due to family ties, cultural awareness, and the existing relationships. Sadly, the cost of intercountry adoption is a tremendous barrier for many families who would like to adopt an orphaned relative.
Sources:
Comparing the Costs of Domestic, Intercountry
and Foster Care Adoption. American Adoptions. Retrieved from https://www.americanadoptions.com/adopt/the_costs_of_adopting
Domestic vs. Intercountry Adoption:
What’s Right for You? (n.d.). Family Connections Christian Adoptions. Retrieved
from https://www.fcadoptions.org/adoption-options/Intercountry-vs-domestic-adoption.php
Kuligowski, S. (2020). What Can I
Expect in an Intercountry Adoption? Adoption.org. Retrieved from https://adoption.org/can-expect-Intercountry-adoption
Top 10 Things Adoptive Parents Should
Know About Intercountry Adoption. Considering Adoption. Retrieved from https://consideringadoption.com/Intercountry-adoption/is-Intercountry-adoption-right-for-you/top-10-things-adoptive-parents-should-know-about-Intercountry-adoption/
[1] As of 2021, The People’s Republic of China and Ethiopia are not participating in intercountry adoption. For the first, COVID-19 travel restrictions have placed programs on hold. Ethiopia passed a law restricting intercountry adoption.
Prepared by Alyssa Howes, Paralegal, and Karen S. Law, Esquire, of Law Offices of Karen S. Law, PLC © 2021
Disclaimer:
This web site 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, 2021.
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