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Legislation for inter-country adoption in USA
I. INTER-COUNTRY ADOPTION PROCESS IN USA
PROCEDURE OF EVALUATION OF PROSPECTUVE ADOPTIVE PARENTS
The first step USA citizens or people with permanent residence in USA should undertake when they want to adopt a child from Hague Convention country is to choose American licensed adoption agency which will mediate in the process of inter-country adoption. Adoption of a child from Hague Convention country in USA can be accomplished only with mediation from American agency accredited from Accreditation council or Department of Human Resources in Colorado, accredited certification bodies which are stated from The United States Department of State. Only accredited agency can research home study for the adoptive parent and prepare and complete a home study report. If the homes study is completed by an adoptive agency which is not accredited, the adoption can be allowed from the United States Department only of the home study is approved from accredited agency. Whit the enforcement of Hague Convention was introduced compulsory minimal content of the home study which is exactly:
Interviews and visits with prospective adoptive parents in their home- at least one private interview with every member of the family and at least one visit in their home.
Assessment of the capability of prospective adoptive parents to take care of adopted child:
assessment of their physical, mental and emotional skills, assessment of the financial capability, history of active or passive domestic violence, previous disapproval for adoption or previous unfavorable home studies, criminal record, child abuse clearance or neglect children.
- Assessment of living conditions;
- Assessment of capability of prospective adoptive parents to accept a child with special needs;
- Summary of the training of the prospective adoptive parents for the adoption and the post adoption therapy;
- Approval from the home study perpetrator for the prospective adoptive parents to adopt a child/children, and also characteristics of the child/children recommended from the social worker, number of the children, if they are more than one;
- Certification of the home study perpetrator ;
- Approval of the home study from The state authority if it is foreseen in the state legislation;
- Home study update or addendum.
AGE AND OTHER REQUIREMENT TO THE PROSPECTIVE ADOPTIVE PARENTS
- The prospective adoptive parents must be with habitually residence in USA;
- The prospective adoptive parents must be American citizens if spouses are adopting and one of them is not an American citizen then the same must reside legally in USA and also to adopt the child;
- A single prospective adoptive parent must be least 24 years, considering that at the time of the adoption and application on the behalf of the adopted child (I 800), he or she must be the age of 25 years.
II. INTERNATIONAL ACTS AND REGULATION OF USA
INTERNATIONAL ACTS
United States of America (USA) ratified the Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoptions and it entered into force on 1 April 2008.
REGULATION IN USA
- Inter-counry adoption Act of 2000;
- Code Federal Regulations in USA for 22CFR 96- regulates the accreditation of agencies and approval of person under inter-country adoption act of 2000.
- The Citizenship and Immigration Act USA- gives the definition of the concept “child” in section 101(b)(1)(G) for the purpose of the immigration procedure.
- Child Citizenship Act on 2001- regulates automatically receiving of American Citizenship for the adopted child.
- Code Federal Regulations with amendment on April 1, 2007, Volume 1, Chapter 1- Department of USA part 96- Accreditation for agencies in accordance with Hague Convention for Child Protection Law and cooperation in the field of inter-country adoption on 29 May, 1993;
- Hague Convention on children protection and cooperating in fields of inter-country adoption signed on31 May, 1994; ratified on 12 December, 2007; entered into force on 1 April, 2008;