 | Lyndon Vix
is an attorney with the law firm of Fleeson, Gooing, Coulson & Kitch, L.L.C. He received his bachelor of arts degree with highest honors from Tabor College in 1992, and his juris doctor from the University of Minnesota in 1985. Lyndon joined Fleeson, Gooing, Coulson & Kitch, L.L.C., in 1985, and practices primarily in the areas of appeals, media law, litigation and foreign adoptions. |
Legal
2004-08-01 09:19:00
Requirements for foreign adoption
: We are interested in adopting a child from a foreign country. Are there any legal proceedings that are required in the United States and will we need an attorney?
ANSWER: The adoption of foreign-born orphans by American parents has become increasingly popular in recent years. According to the National Adoption Information Clearinghouse, in 1992 there were 6,536 international adoptees brought to the United States. By 1999, that number had increased to 16,396. China, Russia, South Korea and Guatemala were the most popular countries for international adoptions by U.S. citizens in 2003.In order to obtain a Kansas birth certificate for a foreign-born child, you must obtain a decree from a Kansas court. Adoption agencies that specialize in international adoptions may require that, before a child is placed, the prospective parents retain an attorney and promise to complete the process of obtaining a Kansas birth certificate.The process that must be followed for obtaining the necessary court decree depends upon whether the child was actually adopted in his or her home country, or simply released for adoption in the United States. This will vary from country to country. In situations where the actual adoption has already taken place in the foreign country (as is the case in China, for example), Kansas has created a simplified procedure sometimes referred to as "re-adoption." This involves simply filing the adoption papers from the foreign country (along with translations) with a Kansas district court. The court will then enter the necessary decree recognizing the foreign adoption and allowing you to obtain a Kansas birth certificate.In countries in which the child is not actually adopted but is simply released for adoption in the United States (such as South Korea), the procedure is a bit more complicated and takes more time. In these situations, you must comply with most of the same legal procedures that you would with a domestic adoption.It should also be noted that even after you have a Kansas birth certificate, there may be further steps that need to be taken in order to obtain U.S. citizenship for your foreign-born child. This will again depend on the country of origin and other factors.Your adoption agency should have specific information regarding the procedures that need to be followed for both adoption and citizenship, and will be able to answer most of your questions. However, the adoption process cannot generally be completed without the assistance of an attorney who is familiar with this area of the law.
