[sak9645]

The use of an attorney or a facilitator for an international adoption is necessary or strongly suggested ONLY if you adopt independently, not through an agency. And most foreign countries do not allow independent adoption, these days, in part because they have found more unethical practices occurring in independent adoptions than in agency adoptions.

Adoption agencies have to be licensed by the states in which they are located. If they wish to place children from countries that have ratified the Hague Convention on intercountry adoption, they must also be accredited by the U.S. State Department, via an organization such as the Council on Accreditation (COA). And some foreign countries have their own accreditation requirements for U.S. agencies wishing to place children from those countries with American families.

If you work with a licensed, accredited agency that has lots of experience and many satisfied customers, you will be able to adopt from almost any country with a well-established, organized adoption program. Any experienced agency will be able to guide you through all the adoption and immigration paperwork. Many have lawyers on staff, or are headed by lawyers, so they can handle compliance with all applicable laws.

Ukraine is, at this time, about the only country that prohibits agencies from conducting adoptions and requires families to go independent. It claims that agencies simply drive up the costs. Unfortunately, adoption from Ukraine is very risky, as a result.

Many families have come home from Ukraine without a child, because they could not persuade the government to introduce them to any children of the desired age and health status. As an example, they may have wanted a healthy girl under age three, and may have been shown only boys, older children, and children with obvious special needs. And many families have found it very scary to choose a child in-country without having had a referral "vetted" by an agency, an American doctor, etc. Also, working only with a foreign facilitator or lawyer is risky, since there is no one to adjudicate complaints about his/her fees, etc. An American agency can have its license revoked for unethical practices, and can be sued in a U.S. court.

Because of these concerns, many U.S. families have chosen to work "behind the scenes" with an agency, even though they are adopting from Ukraine. While the agency is not allowed to give referrals, to accompany the family when it travels to choose a child, or to have its name on any of the paperwork, it can help the family navigate the process and avoid obvious pitfalls. Other families have decided that the risks of Ukrainian adoption are simply too great, and have looked elsewhere to form their family.

I would recommend use of an attorney only if you are working on an identified child adoption -- that is, where you actually know the child you are planning to adopt because he/she is a relative or the child of someone you met in the country -- or if you want to adopt from a country that few American agencies will touch because it because it has a lot of unusual requirements. (As an example, you might be better off going through a lawyer if you are a Muslim and want to adopt a Muslim child from Pakistan, since there are some complex in-country and immigration issues involved, and relatively few agencies have experience in this area, though some do.)

The reason I say this is that few private attorneys have the breadth of experience in international adoption that a good agency has. They have generally not brought home as many children from a particular country, they generally do not have social workers on staff to address issues related to parent preparation or post-adoption support, and so on.

Most licensed agencies devote their time to finding homes for children who do not already have family members or other advocates in the U.S. They feel that is where the greatest need is, and may not want to devote their resources to processing identified adoptions. Thus, going with an attorney may be the best option for such adoptions.

Most agencies also know that identified adoptions also tend to have the most complexities. Just because a person is related to or knows a child does not mean that the foreign government will approve an adoption or that the U.S. government will approve his/her immigration. Attorneys tend to be more willing and able to help with adoptions that have a lot of legal complexities, including adoptions from countries where the laws governing adoption are unclear or often ignored.

In general, I do not recommend use of facilitators (unlicensed adoption providers, other than lawyers) at all, except for those that work under the direct supervision of an American agency. These people tend to be almost totally unregulated, and it is very easy to wind up losing your money and your heart, and not bringing home a child, especially when you trust your adoption plans to a foreign facilitator whom you do not know.

There are some good facilitators. I know that. As an example, there was a non-profit organization that was fully licensed as an agency in Brazil, but that was considered a facilitator in the U.S. because it did not have a license in any U.S. state. (I think it may now be licensed in the U.S.) It had a good reputation and was used by many families adopting from Brazil. It was also used by American agencies helping families adopt from Brazil. I wouldn't have a problem with a family choosing that facilitator, especially since relatively few U.S. agencies work in Brazil.

Still, most facilitators are not in that category, and I would recommend that you think carefully before using one. Never consider a foreign facilitator who approaches you on the Internet. Talk to lots of American families who have adopted through a particular facilitator, and ask lots of questions.

I hope this helps.

Sharon