[Archive]

Originally Posted By Graham

Hello Vicki.
I don't know the answer to your question with any certainty. However, if I was the social worker with a child on my case load who needed an adoptive family, and the best match for him or her was a family in another country, I'd try working the loopholes to reach my goal. First of all, you don't need to be a US citizen to receive subsidy. You do need to be a US citizen or legal resident to adopt in every state I know of, but that's to protect the child from being taken abroad and exploited - hardly the case here. Most judges are very willing to overrule state policy and regulations if its in the child's best interests. Some may even choose to not apply certain sections of law. In other words, a US judge might possibly exempt you from the residency/citizenship requirement, if he or she had sufficient evidence from Canada of your reliability. Please do not take this as legal advice however. Its not and you shouldn't rely on it. Another technically possible way is for the US court with jurisdiction over the child (I'm assuming he or she is a court dependent), to order that the child be placed in your home in Canada under the terms of an adoptive placement agreement. That's hard for the court to do because they no longer have any jurisdiction or control. However, if a judge did that I believe you would have a case for payment of US adoption subsidy.
The problem is that you are in an area that is undefined. The idea of international placement of US foster children was never really considered until the last year or two. What first world country wants to admit it needs help from other countries to provide homes for its children? Not a winning political strategy!
My best advice for decent answers is to talk to adoption agencies (county/states/private) in states that have a lot of border traffic who may by necessity have developed local ways of handling these issues. I'd start in the mid-west.
Also, if anyone has better info that I, please post it on this thread.
Good Luck!
Graham.