A. Adoption Abroad
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A. Adoption Abroad
B. Adoption Abroad Which Does Not Meet All
Requirements
C. Preadoption Requirements
D. Home Study
E. Fingerprints
If the orphan was adopted abroad, the petitioner must prove that both the married petitioner and spouse or the unmarried petitioner personally saw the child prior to or during the adoption proceedings. The married petitioner and spouse must adopt the child jointly, or the unmarried petitioner must be at least 25 years of age at the time of the adoption.
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If both the petitioner and spouse or the unmarried petitioner did not personally see the child prior to or during the adoption proceedings abroad or the adoption does not meet other requirements described in Section III, A above, the petitioner (and spouse if married) must submit a statement showing the petitioner's (and, if married, the spouse's) willingness and intent to readopt the child in the United States. If requested, the petitioner must submit a statement by an official of the state in which the child will reside that readoption is permitted in that state. In addition, proof of compliance with the preadoption requirements, if any, of that state must be submitted.
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If the orphan has not been adopted abroad, the petitioner and spouse or the unmarried petitioner must establish that the child will be adopted in the United States by the petitioner and spouse jointly or by the unmarried petitioner. The petitioner must check the block on the orphan petition, Form I-600, which shows the intention to adopt the child in the United States.
The petitioner and spouse or the unmarried petitioner must also prove that the preadoption requirements, if any, of the state of the orphan's proposed residence have been met. Preadoption requirements, if any, vary from state to state. Information on how to prove that these requirements have been met may be obtained from state and local officials who have jurisdiction in adoption matters, licensed public and private adoption agencies, or the Service office which has jurisdiction over the prospective adoptive parent(s)' place of residence.
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A home study is required by section 204(d) of the Immigration and Nationality Act (8 U.S.C. 1154(d)), and must be submitted in support of an advance processing application or orphan petition. In the case of a child to be adopted in the United Stales, it must have a statement or attachment recommending the proposed adoption signed by an official of the responsible state agency in the state of the child's proposed residence or of an agency licensed by that state. In the case of a child adopted abroad, it must have a statement or attachment recommending the adoption signed by an official of the responsible state agency of any state or of an agency licensed in any state, in the United States. The licensed agency need not be located in the United States.
Both individuals and organizations may qualify as agencies. If the recommending agency is a licensed agency, the recommendation must set forth that it is licensed, the state in which it is licensed, its license number, if any, and the period of validity of its license.
The research for a home study, including interviewing, and the preparation of the home study may be done by an individual or group in the United States or abroad satisfactory to the recommending agency. A responsible state agency or licensed agency can accept a home study done by an unlicensed or foreign agency and use that home study as a basis for a favorable recommendation.
This is especially useful in a case where the petitioner lives outside the United States.
The home study, at a minimum, must cover the following:
1. The financial ability of the adoptive or prospective parent(s) to rear and educate the child.
2. A detailed description of the living accommodations where the adoptive or prospective parent(s) currently reside.
3. A detailed description of the living accommodations where the child will reside.
4. A factual evaluation of the physical, mental, and moral ability of the adoptive or prospective parent(s) to rear and educate the child.
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The purpose of the fingerprint check conducted as part of an advance processing or orphan petition proceeding is to find out whether or not the adoptive or prospective adoptive parent(s) have ever been arrested. Whether a person has been convicted, the number of convictions, the nature of the offense(s), and whether the individual is considered to be rehabilitated are all factors in a decision on whether he or she is able to care for a child or children properly.
It is Service policy to expedite all orphan cases for humanitarian reasons. Nevertheless, it does take a certain amount of time for the Service to conduct fingerprint checks even though procedures are used to ensure that they will be done as quickly as possible. That is why prospective adoptive parents are encouraged to use the advance processing procedures described in Section II, A of this publication well in advance of locating a child for adoption. It is the responsibility of adoptive and prospective adoptive parents to make sure that they use the correct fingerprint forms. If the wrong forms are used, the Service will not receive a response to the fingerprint checks and the case will not be completed.
The forms must meet the following requirements:
1. Applicant Forms FD-258 must be used. (Personnel officer Forms FD-258 and Forms AR-4 may not be used.)
2. The form must be properly coded for use at the Service office where an advance processing application or orphan petition is filed. Adoptive and prospective adoptive parents must therefore get the forms from that office.
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